Judge: William A. Crowfoot, Case: 20STCV16466, Date: 2022-12-09 Tentative Ruling

Case Number: 20STCV16466    Hearing Date: December 9, 2022    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

LARRY WAFER, et al.,

                   Plaintiff(s),

          vs.

 

ABY HOLDINGS, LLC, et al.,

 

                   Defendant(s).

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      CASE NO.: 20STCV16466

 

[TENTATIVE] ORDER RE: MOTION FOR APPOINTMENT OF SUCCESSOR IN INTEREST

 

Dept. 27

1:30 p.m.

December 9, 2022

 

On April 30, 2020, plaintiffs Larry Wafer and Michelle Rosser (collectively, “Plaintiffs”) filed this action against defendants ABY Holdings, LLC and ATZ Properties LLC.  Plaintiffs allege that on May 19, 2018, they were in the process of showering together, when suddenly and without warning, the ceiling of the bathroom collapsed and fell onto them.  (Compl., GN-1, Prem.L-1.)  On December 7, 2022, this motion was filed because Larry Wafer passed away on January 31, 2022, and Michelle Rosser seeks to be substituted as his successor-in-interest. 

This motion was filed only two days before the hearing, which did not provide all parties with sufficient notice as required by CCP 1011(b).  Furthermore, the Declaration of Michelle Rosser is not executed. 

Accordingly, the motion is DENIED without prejudice. 

 

Moving party to give notice.

 

Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  Please be advised that if you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the matter.  Unless you receive a submission from all other parties in the matter, you should assume that others might appear at the hearing to argue.  If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar.