Judge: Steven A. Ellis, Case: 22STCV17907, Date: 2024-08-07 Tentative Ruling

Case Number: 22STCV17907    Hearing Date: August 7, 2024    Dept: 29

Bautista v. LACMTA
Case No. 22STCV17907
Motion to Substitute Plaintiff’s Successor in Interest

Tentative

The motion is granted.

Background

On June 1, 2022, Cruz Bautista (“Plaintiff”) filed a complaint against Los Angeles County Metropolitan Authority (“LACMA”), City of Los Angeles, and County of Los Angeles (“County”)  for motor vehicle negligence and general negligence causes of action arising out of a bus accident occurring on June 9, 2021.

On December 14, 2023, Plaintiff dismissed City of Los Angeles.

On December 15, 2023, County filed an answer. On January 2, 2024, LACMA filed answer.

On April 18, 2024, counsel filed a notice of death stating Plaintiff died on March 10, 2024.

On July 5, 2024, Petitioner Oscar Alejandro Osorio Saavedra (“Petitioner”) filed this request to be substituted as successor in interest for Plaintiff. 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 filed this motion to substitute in Oscar Alejandro Osorio Saavedra (“Petitioner”) as Plaintiff’s successor in interest. Attached to said motion are the Declarations of Oscar Alejandro Osorio Saavedra, Plaintiff’s husband, and Mahsa Farid, Plaintiff’s counsel.

The declaration of Petitioner provides necessary, statutory information under Code of Civil Procedure section 377.32.

Petitioner has satisfied all statutory and procedural requirements.  Accordingly, the motion is granted.

Conclusion

The Court GRANTS the motion to substitute successor in interest.

Moving party is ORDERED to give notice.