Judge: Steven A. Ellis, Case: 23STCV15656, Date: 2025-05-09 Tentative Ruling
Case Number: 23STCV15656 Hearing Date: May 9, 2025 Dept: 29
Cantrell v. Perry
23STCV15656
Tentative
The motion is granted.
Background
On July
6, 2023, Joseph Cantrell (“Plaintiff”) and Connie Tran filed a complaint
against Cameron Perry, Brenda Johnson (collectively “Defendants”), and Does 1
through 50 for motor vehicle negligence and general negligence action arising
out of an accident on October 12, 2022, near the intersection of Florence
Avenue and Vermont Avenue in Los Angeles.
On March 28, 2024, Defendants filed an answer and
cross-complaint against Plaintiff.
On May 24, 2024, Plaintiff filed an answer to the
cross-complaint.
Plaintiff died on July 2, 2024. (Bonner Decl., ¶ 2.)
On April 16, 2025, Ulrike Bonner (“Petitioner”)
filed the instant motion to substitute in as Plaintiff’s successor in interest.
No opposition has been filed.
Legal
Standard
California
Code of Civil Procedure section 377.31 provides that the decedent’s personal
representative or, if none, the decedent’s successor in interest may continue a
decedent’s pending action. (Code Civ. Proc., § 377.30; see Adams v. Superior
Court (2011) 196 Cal.App.4th 71, 78-79.) A successor in interest is the
beneficiary of the decedent’s estate or other successor in interest who
succeeds to a cause of action or to a particular item of the property that is
the subject of the cause of action. (Code Civ. Proc., § 377.11.) Section 377.33
provides that the court in which an action is continued may make any order
concerning parties that is appropriate to ensure proper administration of
justice, including the appointment of the decedent’s successor in interest as a
special administrator or guardian ad litem.
Section
377.32 provides that a person who seeks to continue an action as the decedent’s
successor in interest must file an affidavit or declaration providing certain
information, including the decedent’s name, date and place of decedent’s death,
and statements regarding whether the estate has been administered and that the
affiant or declarant is the successor in interest on decedent’s claim. (Code Civ.
Proc., § 377.32, subd. (a).) A certified copy of the decedent’s death
certificate must also be attached to the affidavit or declaration. (Id.,
subd. (c).)¿
Discussion
Petitioner filed this motion to substitute
in as the Successor in Interest for Plaintiff.
The declaration of Petitioner provides
the information required by Code of Civil Procedure section 377.32,
specifically:
(1)
Plaintiff’s
name is Joseph Cantrell;
(2)
Plaintiff’s
died on July 2, 2024 in Byron, Georgia;
(3)
That there is no proceeding pending for the administration
of Plaintiff’s estate;
(4)
That declarant is Plaintiff’s success in interest; and
(5)
That no other person has a superior right to be
substituted for Plaintiff.
Petitioner declares under penalty of
perjury under the laws of the State of California that the foregoing is true
and correct. Petitioner also attaches a
copy of Plaintiff’s death certificate, as required.
All substantive and procedural requirements
are satisfied. The motion is granted.
Conclusion
The Court GRANTS Petitioner Ulrike Bonner’s Motion
to Substitute as Successor-in-Interest for Plaintiff Joseph Cantrell.
Moving Party
is to provide notice.