Judge: Steven A. Ellis, Case: 22STCV34180, Date: 2024-08-13 Tentative Ruling

Case Number: 22STCV34180    Hearing Date: August 13, 2024    Dept: 29

Clark v. City of Los Angeles
22STCV34180
Motion to Substitute Successor in Interest for Plaintiff William Clark

Tentative

The motion is granted.

Background

On October 24, 2022, William Clark (“Plaintiff”) filed a complaint against City of Los Angeles, California Department of Parks and Recreation, County of Los Angeles, LAFC Partners, LLLP, LAFC TRAI, John Doe 1, John Doe 2, and John Doe 3 for (1) Battery, (2) Negligence, (3) Negligent Hiring, Training, and Supervision, and Intentional Infliction of Emotional Distress causes of action arising from Plaintiff’s allegation of assault and battery by a security guard on November 5, 2021. On October 28, 2022, Plaintiff named Los Angeles Football Club as Doe 1.

In November and December 2022, the Court, at the request of Plaintiff, dismissed County of Los Angeles, City of Los Angeles, and California Department of Parks and Recreation.

On April 7, 2023, Plaintiff filed the First Amended Complaint for the same causes of action against LAFC Partners, LLLP, LAFC StadiumCo, LLC, TAFC TRAI, John Doe 1, Johne Doe 2, and John Doe 3.

On May 19, 2023, LAFC Partners, LLLP (“Defendant”) filed an answer.

Plaintiff died in August 2023.

On April 30, 2024, Fernanda M. Clark (“Petitioner”) filed this motion to continue this action as Plaintiff’s successor in interest. Defendant filed an opposition on June 21, 2024. This motion was continued from July 5 to August 13; nothing was filed in the interim.

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 August 26, 2023. Plaintiff’s surviving wife, Fernanda M. Cruz, filed this motion to continue the action as Plaintiff’s successor in interest.

The Court finds that all substantive and procedural requirements are satisfied.  Although Defendant contends that there is some ambiguity in Ms. Cruz’s declaration, the Court has reviewed the declaration and finds that it is sufficiently clear to conclude that Ms. Cruz is Plaintiff’s successor in interest.

The motion is granted.

Conclusion

The Court GRANTS the motion.

The Court ORDERS that Ms. Fernanda Cruz, Plaintiff’s surviving spouse, may continue this action as Petitioner’s successor in interest.

Moving party is ORDERED to give notice.