Judge: Steven A. Ellis, Case: 20STCV33557, Date: 2024-07-25 Tentative Ruling

DEPARTMENT 29 - LAW AND MOTION RULINGS IMPORTANT  (PLEASE SEND YOUR E-MAIL TO DEPT. 29 NOT DEPT. 2)

Communicating with the Court Staff re the Tentative Ruling 1. Please notify the courtroom staff by email not later than 9:30 a.m. on the day of the hearing if you wish to submit on the tentative ruling rather than argue the motion. The email address is SSCDEPT29@lacourt.org. Please do not use any other email address. 2. You must include the other parties on the email by "cc." 3. Include the word "SUBMISSION" in all caps in the Subject line and include your name, contact information, the case number, and the party you represent in the body of the email. If you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the motions. THE COURT WILL HEAR ARGUMENT UNLESS BOTH SIDES SUBMIT ON THE TENTATIVE.  4. Include the words "SUBMISSION BUT WILL APPEAR" if you submit, but one or both parties will nevertheless appear. 5. For other communications with Court Staff a. OFF-CALENDAR should appear in all caps in the Subject line where all parties have agreed to have a matter placed off-calendar. All counsel should be cc'ed (and where appropriate parties not represented by counsel) and the body of the email should state: (a) name and case number; (b) date of proceeding. b. CASE SETTLED should appear in all caps in the Subject line where all parties have agreed that the case has settled for all purposes. All counsel should be cc'ed (and where appropriate parties not represented by counsel) and the body of the email should state: (a) name and case number; (b) whether notice of settlement/dismissal documents have been filed; (c) if (b) has not been done, a date one year from the date of your email which will be a date set by the court for an OSC for dismissal of the case. c. STIPULATION should appear in all caps in the Subject line where all parties have stipulated that a matter before the court can be postponed. All counsel should be cc'ed (and where appropriate parties not represented by counsel) and the body of the email should state: (a) name and case number; (b) what proceeding is agreed to be postponed e.g. Trial, FSC; (c) the agreed-upon future date; (d) whether all parties waive notice if the Court informs all counsel/parties that the agreed-upon date is satisfactory. This communication should be used only for matters that are agreed to be postponed and not for orders shortening time. 6. PLEASE MAKE SURE THAT ALL COMMUNICATIONS WITH COURT STAFF DEAL ONLY WITH SCHEDULING AND ADMINISTRATIVE MATTERS AND DO NOT DISCUSS THE MERITS OF ANY CASE. (UPDATED 6/17/2020) 
IMPORTANT:  In light of the COVID-19 emergency, the Court encourages all parties to appear remotely.  The capacity in the courtroom is extremely limited.  The Court appreciates the cooperation of counsel and the litigants. 
ALSO NOTE:  If the moving party does not contact the court to submit on the tentative and does not appear (either remotely or in person), the motion will be taken off calendar.  THE TENTATIVE RULING WILL NOT BE THE ORDER OF THE COURT.

Case Number: 20STCV33557    Hearing Date: July 25, 2024    Dept: 29

Motion to Substitute Successor in Interest for Plaintiff Suzanne Green.

Tentative

The motion is granted.

Background

On September 2, 2020, Suzanne Green (“Plaintiff”) filed a complaint against City of Los Angeles (“Defendant”) for motor vehicle negligence and general negligence arising out of an automobile accident on Alvarado Street in Los Angeles, California on December 19, 2019.

Defendant filed its answer on October 15, 2020.

The parties alerted the Court that this matter had settled during a status conference on July 18, 2024.

On June 28, 2024, Matthew Green (“Petitioner”) filed this motion to be substituted as Plaintiff’s successor in interest. No opposition has been filed.

Legal Standard

“A cause of action that survives the death of the person entitled to commence an action or proceeding passes to the decedent’s successor in interest . . . and an action may be commenced by the decedent’s personal representatives or, if none, by the decedent’s successor in interest.”  (Code Civ. Proc., § 377.30.)  After the death of a plaintiff, the court, on motion, shall allow a pending action that does not abate to be continued by the decedent’s personal representative or successor-in-interest.  (Code Civ. Proc., § 377.31.) 

The person who seeks to commence or continue a pending action as the decedent’s successor-in-interest shall execute and file an affidavit or declaration that includes (1) the decedent’s name; (2) the date and place of decedent’s death; (3) “No proceeding is now pending in California for administration of the decedent’s estate”; (4) a copy of the final order showing the distribution of the decedent’s cause of action to the successor-in-interest, if the decedent’s estate was administered; (5) either the declarant is the decedent’s successor in interest or the declarant is authorized to act on behalf of the decedent’s successor in interest, with facts in support thereof; (6) “No other person has a superior right to commence the action or proceeding or to be substituted for the decedent in the pending action or proceeding”; and (7) that the statements are true, under penalty of perjury.  (Code Civ. Proc., § 377.32, subd. (a).)  The affidavit or declaration must attach a certified copy of the decedent’s death certificate.  (Code Civ. Proc., § 377.32, subd. (c).)

Discussion

Plaintiff died on October 9, 2023. Plaintiff’s surviving son, Matthew Green, filed this motion to be substituted as Plaintiff’s successor in interest.

The Declaration of Matthew Green includes:

(1) the decedent’s name, Suzanne Green;

(2) the date and place of Plaintiff’s death, October 9, 2023 in Whittier, California;

(3) that there is no proceeding now pending in California for the administration of Plaintiff’s estate;

(4) that he Plaintiff’s successor in interest;

(5) that no other person has a superior right to be substituted in for Plaintiff;

(6) and Petitioner declares these statements are true under penalty of perjury.

A copy of Plaintiff’s death certificate is attached to this motion. (Exh. A.)

The Court finds Petitioner has satisfied the requirements of Code of Civil procedure section 377.32.

Therefore, the Court GRANTS Petitioner’s motion to substitute a successor in interest.

Conclusion

The Court GRANTS Petitioner’s motion to substitute a successor in interest for Plaintiff.

Moving party is ORDERED to give notice.