Judge: Teresa A. Beaudet, Case: 21STCV28284, Date: 2025-01-14 Tentative Ruling

Case Number: 21STCV28284    Hearing Date: January 14, 2025    Dept: 50

Superior Court of California

County of Los Angeles

Department 50

Background

            Plaintiff Armando Vazquez-Ramos, as Successor Trustee of the Lourdes R. Vazquez Family Living Trust of 2004 (“Plaintiff”) filed this action on July 30, 2021 against, inter alia, defendants Antonio Ramos Vazquez, in his individual capacity, and Antonio Ramos Vazquez, in his capacities as cotrustee and beneficiary of the Vazquez-Castillo Family Trust of 2007.

Plaintiff filed the operative Verified First Amended Complaint (“FAC”) on December 5, 2023, alleging causes of action for (1) quiet title to real property and for injunctive relief, (2) constructive trust, (3) accounting, (4) tort of deceit, and (5) cancellation of instruments.

            On February 6, 2024, Antonio Ramos Vazquez, in his individual capacity and as co-trustee of the Vazquez Brothers Living Trust of 2006, and Fernando Ramos Vazquez, in his individual capacity and as co-trustee of the Vazquez Brothers Living Trust of 2006 (jointly, “Cross-Complainants”) filed a Cross-Complaint against Armando Vazquez-Ramos, in his individual capacity and as co-trustee of the Vazquez Brothers Living Trust of 2006, and Roe 1, in his or her capacity as Personal Representative of the Estate of Lourdes R. Vazquez. On  

May 14, 2024, Cross-Complainants filed the operative First Amended Cross-Complaint, alleging causes of action for (1) reformation of deeds and (2) declaratory relief.   

            Antonio Ramos Vazquez, Successor Trustee of the Lourdes R. Vazquez Family Living Trust of 2004 (herein, “Antonio Ramos Vazquez”) now moves “for an order to replace ARMANDO VAZQUEZ RAMOS as the Plaintiff in this action and dismiss Case No. 21STCV28284 with prejudice.” The motion is unopposed.

            Discussion

            As set forth above, Antonio Ramos Vazquez moves “for an order to replace ARMANDO VAZQUEZ RAMOS as the Plaintiff in this action and dismiss Case No. 21STCV28284 with prejudice.” (Mot. at p. 2:5-6.)

In the motion, Antonio Ramos Vazquez indicates that Armando Vazquez-Ramos passed away on August 4, 2024. (Potier Decl., ¶ 4, Ex. A.) Antonio Ramos Vazquez asserts that “Plaintiff ARMANDO’s lawsuit was based on his position as Successor Trustee of the Lourdes R. Vazquez Family Living Trust Agreement of 2004. Therefore, he no longer has standing to pursue this case. Pursuant to the Lourdes R. Vazquez Trust Agreement, Article I, ANTONIO is the current Successor Trustee of the Trust upon the death of ARMANDO.” (Mot. at pp. 3:25-4:1.) Antonio Ramos Vazquez points to Exhibit B of his counsel’s declaration, which is titled “Affidavit of Successor Trustee.” (Potier Decl., ¶ 6, Ex. B.)

The “Affidavit of Successor Trustee” provides, inter alia, that “[t]he Trust is known as the Lourdes R. Vazquez Family Living Trust Agreement of 2004 (‘Trust’).” (Potier Decl., ¶ 6, Ex. B.) The Affidavit identifies Armando Vazquez Ramos as the “Previous Trustee” and Antonio Ramos Vazquez as the “Successor Trustee(s).” (Ibid.) Antonio Ramos Vazquez asserts that “[a]s the trusteeship of the Trust has been transferred to ANTONIO as the successor trustee, the Court should allow him to substitute in as the Plaintiff in this action.”  (Mot. at p. 4:12-15.) Antonio Ramos Vazquez cites to Code of Civil Procedure section 368.5, which provides that “[a]n action or proceeding does not abate by the transfer of an interest in the action or proceeding or by any other transfer of an interest. The action or proceeding may be continued in the name of the original party, or the court may allow the person to whom the transfer is made to be substituted in the action or proceeding.” However, Antonio Ramos Vazquez does not appear to demonstrate that there was a “transfer of an interest in the [instant] action” from Plaintiff to Antonio Ramos Vazquez. (Code Civ. Proc., § 368.5.) In addition, Code of Civil Procedure section 368.5 is the only legal authority cited in support of the motion.

Moreover, the “Affidavit of Successor Trustee” provided by Antonio Ramos Vazquez indicates that “[t]he Trust is known as the Lourdes R. Vazquez Family Living Trust Agreement of 2004,” but the Plaintiff named in the operative FAC in this action is Armando Vazquez-Ramos, as Successor Trustee of the Lourdes R. Vazquez Family Living Trust of 2004.” (Potier Decl., ¶ 6, Ex. B, emphasis added; FAC, p. 1.) Thus, the name of the Trust identified in the “Affidavit of Successor Trustee” does not exactly match the name of the Plaintiff in this action.

Antonio Ramos Vazquez also asserts that “[a]s the current successor trustee of the Lourdes R. Vazquez Trust and Plaintiff in this action, ANTONIO has the authority to dismiss this action and requests this court order the dismissal of the First Amended Complaint with prejudice.” (Mot. at p. 4:17-20.) However, Antonio Ramos Vazquez does not cite to any legal authority to support this proposition.

Based on the foregoing, the Court does not find that Antonio Ramos Vazquez has demonstrated grounds to “replace ARMANDO VAZQUEZ RAMOS as the Plaintiff in this action and dismiss Case No. 21 STCV28284 with prejudice.” (Mot. at p. 2:5-6.)

            Conclusion  

            Based on the foregoing, Antonio Ramos Vazquez’s motion is denied in its entirety.

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Antonio Ramos Vazquez is ordered to provide notice of this ruling.

DATED:  January 14, 2025                            ________________________________

Hon. Teresa A. Beaudet

Judge, Los Angeles Superior Court