Judge: Teresa A. Beaudet, Case: 22STCV07030, Date: 2024-11-20 Tentative Ruling

Case Number: 22STCV07030    Hearing Date: November 20, 2024    Dept: 50

Superior Court of California

County of Los Angeles

Department 50

On February 25, 2022, Plaintiff Joseph Vu (“Plaintiff”) filed this action against Defendants Keck Medical Center of USC and USC Health System. The Complaint alleges causes of action for (1) elder abuse and (2) negligence. 

On April 12, 2024, Plaintiff filed the instant motion to appoint successor in interest. Plaintiff moves “for an order appointing Joseph Vu’s wife Anh Vu as Successor in Interest to decedent Joseph Vu, the Plaintiff in this matter…” The motion is unopposed.

On April 18, 2024, a Stipulation and [Proposed] Order Re: The Appointment of Anh Vu as Successor in Interest for Joseph Vu and Continuance of Trial (herein, the “Stipulation”) was filed in this action. The Stipulation provides, inter alia, that “…THE PARTIES HEREBY STIPULATE AND AGREE: 1. That Anh Vu, will be appointed in this litigation as the Successor in Interest for decedent Joseph Vu pursuant to the attached Successor in Interest declaration attached hereto as Exhibit ‘1’.”

The Court’s April 19, 2024 minute order in this action indicates that the “NATURE OF PROCEEDINGS” for this date was “Court Order Re: Stipulation and Order Re: The Appointment of Anh Vu as Successor In Interest for Joseph Vu and Continuance of Trial.” The Court’s April 19, 2024 minute order provides, inter alia, that “[t]he Court, after reviewing the Stipulation and (proposed) Order, makes the following ruling: The Stipulation is APPROVED and the Order is signed and filed April 18, 2024 and incorporated herein by reference.”

In light of the foregoing, the Court finds that Plaintiff’s instant motion to appoint successor in interest is moot.

Plaintiff is ordered to give notice of this Order.¿ 

DATED:  November 20, 2024                       ________________________________

Hon. Teresa A. Beaudet

Judge, Los Angeles Superior Court