Judge: Virginia Keeny, Case: 21STCV32999, Date: 2025-02-07 Tentative Ruling

Case Number: 21STCV32999    Hearing Date: February 7, 2025    Dept: 45

WAI WING NG, et al. v. C.C.O.A. HOUSING CORPORATION, ET AL.

MOTIONS TO BE RELIEVED AS COUNSEL AND MOTION TO SUBSTITUTE SUCCESSOR IN INTEREST FOR DECEASED PLAINTIFF

Date of Hearing:          February 7, 2025                     Trial Date:       June 9, 2025

Department:               45                                            Case No.:         21STCV32999

Moving Party (Motion to Be Relieved as Counsel):    David Pallack, Ana Zuniga, Dehsong Matheu, Catherine Hwang, and Barbara Le, Counsel for Plaintiffs Chang-Sheng Huang, So Lee, and Yung Lam

Responding Party:       None

Moving Party (Motion to Substitute Successor in Interest): Plaintiff Xi-Qin Lin

Responding Party:       None

BACKGROUND

This action was commenced on September 7, 2021, and arises from alleged uninhabitable conditions at the Cathy Manor rental housing complex, which is located at 600 North Broadway, Los Angeles, California 90012. (FAC, ¶ 1.)  On March 28, 2022, Plaintiffs Wai Wing Ng, among many others, filed the operative First Amended Complaint (“FAC”) against Defendants C.C.O.A. Housing Corporation, and Don Toy aka Gong Toy aka Gong Donald Toy aka Donald G. Toy, alleging causes of action for: (1) Breach of the Warranty of Habitability, (2) Discrimination Based on Age and Disability, (3) Financial Abuse of Elderly or Dependent Adults, (4) Negligence, (5) Premises Liability, (6) Breach of Contract, and (7) Unfair Business Practices.

On November 5, and 6, 2024, Counsel for Plaintiffs Chang-Sheng Huang, So Lee, and Yung Lam filed these motions to be relieved as counsel.

On January 22, 2025, Plaintiff Xi-Qin Lin filed this motion to substitute successor in interest for deceased Plaintiff.

[Tentative] Ruling

The Motions to be Relieved as Counsel for Plaintiffs Chang-Sheng Huang, So Lee, and Yung Lam are granted, effective immediately. 

The Motion to Appoint Meishui Wong as Successor In Interest is continued. .

LEGAL STANDARD

CCP section 377.31 provides that “[o]n motion after the death of a person who commenced an action or proceeding, the court shall allow a pending action or proceeding that does not abate to be continued by the decedent’s personal representative or, if none, by the decedent’s successor in interest.”  (Code Civ. Proc., § 377.31.) 

CCP 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 the following: 

1.                  The decedent’s name 

2.                  The date and place of the decedent’s death 

3.                  “No proceeding is now pending in California for administration of the decedent’s estate.” 

4.                  If the decedent’s estate was administered, a copy of the final order showing the distribution of the decedent’s cause of action to the successor in interest 

5.                  Either of the following, as appropriate, with facts in support thereof: 

A.                  “The affiant or declarant is the decedent’s successor in interest (as defined in Section 377.11 of the California Code of Civil Procedure) and succeeds to the decedent’s interest in the action or proceeding.” 

B.                  “The affiant or declarant is authorized to act on behalf of the decedent’s successor in interest (as defined in Section 377.11 of the California Code of Civil Procedure) with respect to the decedent’s interest in the action or proceeding.” 

6.                  “No other person has a superior right to commence the action or proceeding or to be substituted for the decedent in the pending action or proceeding.” 

7.                  “The affiant or declarant affirms or declares under penalty of perjury under the laws of the State of California that the foregoing is true and correct.” 

(Code Civ. Proc., § 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).) 

“‘Decedent’s successor in interest’ means 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 a cause of action.”  (Code. Civ. Proc., § 377.11.) A “beneficiary of the decedent’s estate” means “if the decedent died without a will, the sole person or all of the persons who succeed to a cause of action, or to a particular item of property that is the subject of a cause of action, under Sections 6401¿and¿6402 of the Probate Code¿or, if the law of a sister state or foreign nation governs succession to the cause of action or particular item of property, under the law of the sister state or foreign nation.” (Code of Civ. Proc., § 377.10.)

ANALYSIS

Relieved as Counsel

Counsel seeks to be relieved based on their inability to communicate with the Plaintiffs. Counsel argues they cannot continue representing these Plaintiffs’ interests in upcoming mediation and settlement discussions.

Counsel has complied with the requirements of CRC Rule 3.1362 by filing forms MC-051 MC-052 and MC-053. Counsel served Plaintiffs by mail at each of their last known address, which Counsel states they have not been able to confirm that the address is current despite mailing the motion papers to the last known address, calling the client’s last known number, contacting building management where client lived, performing a search and visiting the address. Counsel also served all other parties who have appeared in the case.  

Further, it appears no prejudice will be suffered by Plaintiffs as trial is not until June 2025.

Substitute Successor In Interest for Deceased Plaintiff

Since the time of the filing of Plaintiff’s Complaint, Plaintiff Xi-Qin Lin has died. In light of his death, Lin’s wife Meishui Wong moves for an order permitting her substitution as the Successor in Interest to Plaintiff’s causes of action.

Wong’s declaration is filed with the motion. The declaration satisfies the requirements of ­ CCP section 377.32(a).

However, Wong has not attached a certified copy of the decedent’s death certificate to the declaration as required under CCP section 377.32(c). While the motion and Wong in her declaration both state that the death certificate is attached as exhibit B, there is no Exhibit B. Rather, Wong’s declaration has been filed twice (one copy is not signed, while the other is).

Thus, the motion to appoint Wong as successor in interest is continued for submission of the required death certificate.