Judge: Steven A. Ellis, Case: 22STCV22059, Date: 2024-06-14 Tentative Ruling

Case Number: 22STCV22059    Hearing Date: June 14, 2024    Dept: 29

Motion to Substitute Plaintiff’s Successor in Interest filed by Plaintiff Samvel Yeghiazaryan.

Tentative

The motion is granted.

Background

On July 7, 2022, Samvel Yeghiazaryan (“Plaintiff”) filed a complaint against Cypress Senior Living Investors LP and Buckingham Property for premises liability and general negligence arising out of slip and fall occurring on July 20, 2020.

On October 24, 2023, Cypress Senior Living Investors, LP filed its answer. On May 3, 2024, Plaintiff dismissed Buckingham Property Management.

Plaintiff died on April 27, 2024. 

On May 14, 2024, this motion was filed seeking an order permitting Yeghisapet Chvchyan to continue this action as Plaintiff’s successor in interest.

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 has died.  This motion seeks an order permitting Yeghisapet Chvchyan to continue this action as Plaintiff’s successor in interest. Attached to the motion are the Declarations of Yeghisapet Chvchyan, Plaintiff’s wife and Hayrapet Yeghiazaryan and Karen Yeghiazaryan, the children of Plaintiff.

These declarations provide necessary, statutory information under Code of Civil Procedure section 377.32, specifically:

(1)  Plaintiff’s name, Samvel Yeghiazaryan;

(2)  Plaintiff’s date and place of death, April 27, 2024 at Glendale, CA;

(3)  That there is no for administration of decedent’s state;

(4)  That each declarant is decedent’s success in interest or is authorized to act on behalf of the decedent’s successor in interest; and

(5)  That no other person has a superior right to be substituted for decedent.

The Declarations are all signed under the penalty of perjury. Karen and Hayrapet nominate their mother, Yeghisapet Chvchyan to act as successor in interest.

Attached to each declaration is Plaintiff’s death certificate.

All requirements have been satisfied.  The motion is granted.

Conclusion

The Court GRANTS the motion for an order permitting Yeghisapet Chvchyan to continue this action as the successor in interest to the deceased Plaintiff Samvel Yeghizaryan.

Moving party is ORDERED to give notice.