Judge: Stephen P. Pfahler, Case: 22CHCVC00116, Date: 2023-08-09 Tentative Ruling

Case Number: 22CHCVC00116    Hearing Date: August 9, 2023    Dept: F49

SUBSTITUTE PERSONAL REPRESENTATIVE

MOVING PARTY: Berryhill, et al.

RESPONDING PARTY: Unopposed/Defendants, Pauline Macareno, et al.

RELIEF REQUESTED

Motion to Substitute Successor in Interest

SUMMARY OF ACTION

Plaintiff Violet Albers alleges defendants Pauline Macareno and Erik Candelaria “concocted a scheme” by misleading Albers into a $250,000 loan secured by the sole property of Albers—909 Park Lane, Santa Barbara, CA 93108. The pretense of the loan was a source of income to pay for life expenses, including a home health care worker. Albers was in her 90s at the time of the subject transaction.

On February 18, 2022, Alberts filed a complaint for Elder Abuse, Fraud—Concealment, Restitution (Unjust Enrichment), Declaratory Relief, Recission, Quiet Title to Real Property, Cancellation of Written Instruments, Aiding and Abetting Elder Abuse, and Aiding and Abetting Fraud. Defaults have been entered against all named defendants—Violet Evelyn Albers, LLC, Marchland, Inc., Erik Candelaria, and Pauline Macareno—on August 26, 2023.

RULING: Granted.

Attorneys and executors of the estate of Violet Albers, John Berryhill and Karen Shaw, move to substitute in as a representatives for Violet Albers following her death on May 27, 2022. [Declaration of Mark Lester, Ex. 3.] Berryhill and Shaw were named executors in the will of Albers, and appointed as Personal Representatives by the Probate Court in Santa Barbara County on January 26, 2023. [Lester Decl., Ex. 4.] Defaults have been entered against all named defendants—Violet Evelyn Albers, LLC, Marchland, Inc., Erik Candelaria, and Pauline Macareno—on August 26, 2023. The court electronic filing system shows no reply at the time of the tentative ruling publication cutoff.

A decedent’s appointed personal representative may substitute into an action for causes of action that survive a plaintiff’s death. (Code Civ. Proc., §§ 377.11, 377.30, 377.31, 377.34.) A successor-in-interest must file a declaration with specified elements and a death certificate (Code Civ. Proc., § 377.32). The declaration of Lester presents the basis of the application and required documentation. Nothing in the Lester declaration indicates that any proceeding continues in the Santa Barbara Probate Court following the appointment of the successors. The court also finds the appointment of the successors meets the standard for no other person has a superior right to continue with the action.

The unopposed motion for substitution of personal representatives is therefore granted.

Plaintiffs, personal representatives may file a notice of related cases.

Plaintiffs, personal representatives to provide notice.