Judge: Thomas D. Long, Case: 23STCV01673, Date: 2023-09-12 Tentative Ruling

Case Number: 23STCV01673    Hearing Date: September 12, 2023    Dept: 48

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

DANIEL PRICE,

                        Plaintiff,

            vs.

 

ROBERT R. JONES, et al.,

 

                        Defendants.

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      CASE NO.: 23STCV01673

 

[TENTATIVE] ORDER GRANTING PLAINTIFF’S  MOTION FOR ORDER SUBSTITUTING PARTIES FOR DECEDENTS

 

Dept. 48

8:30 a.m.

September 12, 2023

 

On January 26, 2023, Plaintiff Daniel Price filed this action for adverse possession and to quiet title against Defendants Robert R. Jones, Ann Jones, Gerald McSparran, Catherine McSparran, and Hyman Kubar.

On August 10, 2023, Plaintiff filed a motion to substitute parties for decedents Gerald McSparran and Catherine McSparran.

“[A] cause of action against a decedent that survives may be asserted against the decedent’s personal representative or, to the extent provided by statute, against the decedent’s successor in interest.”  (Code Civ. Proc., § 377.40.)  After the death of a defendant, the court, on motion, shall allow a pending action that does not abate to be continued against the decedent’s personal representative or successor-in-interest, “except that the court may not permit an action or proceeding to be continued against the personal representative unless proof of compliance with Part 4 (commencing with Section 9000) of Division 7 of the Probate Code governing creditor claims is first made.”  (Code Civ. Proc., § 377.41.)  Probate Code section 9370 sets forth the conditions that must be satisfied before an action may be continued against the decedent’s personal representative.

Plaintiff is seeking to substitute parties as successors-in-interest, not as personal representatives, and there does not appear to have been any probate proceedings for the decedents.  (Schacter Decl. at p. 7.)  Compliance with Probate Code section 9370 is therefore not required.

Accordingly, the motion to substitute Harold McSparran, Nancy Moser, Kathleen Hippard, and Kathy McSparran in place of Gerald McSparran and Catherine McSparran is GRANTED.

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SMCDEPT48@lacourt.org indicating intention to submit.  If all parties in the case submit on the tentative ruling, no appearances before the Court are required unless a companion hearing (for example, a Case Management Conference) is also on calendar.

 

         Dated this 12th day of September 2023

 

 

 

 

Hon. Thomas D. Long

Judge of the Superior Court