Judge: Steven A. Ellis, Case: 23STCV16330, Date: 2024-10-16 Tentative Ruling
Case Number: 23STCV16330 Hearing Date: October 16, 2024 Dept: 29
Chauvin
v. Kilroy Realty, L.P.
23STCV16330
Plaintiff’s
Motion to Substitute Successor In Interest
Tentative
The hearing on the motion is continued so
that a guardian ad litem may be appointed.
Background
On July 13, 2023, Storm Chauvin (“Plaintiff”)
filed the complaint in this action alleging that Plaintiff sustained injuries
on February 11, 2022 on the premises owned or controlled by defendants. In the complaint, Plaintiff asserts causes of
action for negligence and premises liability against Kilroy Realty, L.P.; Greystar
California, Inc. (collectively, “Defendants”); and Does 1 through 50.
On August 30, 2023, Defendants filed an
answer.
Plaintiff died of unrelated causes on March
11, 2024. (Colato Decl., ¶ 3; Nora
Decl., ¶ 4.)
On September 13, 2024, this motion was
filed seeking an order to substitute Plaintiff’s minor child, Storm King Chauvin,
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 commence such 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. (Id., § 377.32(a).) A certified copy of the decedent’s
death certificate must also be attached to the affidavit or declaration. (Id.,
§ 377.32(c).)¿
Discussion
This motion seeks a court order
substituting Storm King Chauvin, a minor, as the Successor in Interest of
Plaintiff.
The motion is supported by the declaration of
Kiara Colato, who states that she is the mother of Storm King Chauvin. The declaration provides the necessary information under
Code of Civil Procedure section 377.32, including:
(1)
Plaintiff’s
name is Storm Chauvin;
(2)
Plaintiff’s
date and place of the death, March 11, 2024 in Houma, Louisiana;
(3)
That there is no for administration of Plaintiff’s
estate;
(4)
That each declarant is Plaintiff’s successor in interest
or is authorized to act on behalf of the Plaintiff’s successor in interest; and
(5)
That no other person has a superior right to be
substituted for Plaintiff.
The declaration attaches a copy of Plaintiff’s
death certificate. (Colato Decl., ¶ 7;
Exh. A.)
The declaration states that Ms. Colato has
filed an application to be appointed as Guardian Ad Litem for Storm King’s
Chauvin. No application has been filed,
however. With certain exceptions that do
not apply here, a minor child must have a guardian ad litem appointed to
participate in civil litigation.
Accordingly, the motion is CONTINUED so
that Ms. Colato may file for and obtain a court order appointing her as Storm
King Chauvin’s Guardian Ad Litem.
Conclusion
The Court CONTINUES for approximately 30
days the hearing on the motion to substitute Storm King Chauvin as Plaintiff’s Successor-in-Interest.
The hearing
is continued to __/__/2024 at 08:30 AM in Department 29 at Spring Street
Courthouse.
Moving Party
is ordered to give notice.