Judge: William A. Crowfoot, Case: 20STCV25538, Date: 2022-12-29 Tentative Ruling

Case Number: 20STCV25538    Hearing Date: December 29, 2022    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

I.         BACKGROUND

On July 8, 2020, Plaintiff Clarence Beauford filed a complaint against Defendants City of Alhambra, Southland Transit, Inc., Los Angeles County Metropolitan Transit Authority, Los Angeles County, and John Doe alleging negligence relating to injuries Plaintiff suffered during a ride on a public bus in December, 2019.

Discovery is ongoing, the Final Status Conference is scheduled for July 12,2023, and Trial is scheduled for July 26,2023.

However, Plaintiff died on March 16, 2022.

On November 14, 2022, Plaintiff’s wife, Cynthia Miller, brought this motion for an order substituting her in her capacity as successor in interest of Clarence Beauford’s estate.

          No opposition was filed.

II.        LEGAL STANDARD

          Following the death of a party, any legal action by that party may only proceed upon substitution of the decedent’s personal representative or successor in interest in her place.  (Code Civ. Proc. §§ 377.31, 367.)  California Code of Civil Procedure section 377.31 states 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.” 

California Code of Civil Procedure section 377.32, subdivision (a) states:  “The person who seeks . . . to continue a pending action or proceeding as the decedent’s successor in interest under this article, shall execute and file an affidavit or a declaration under penalty of perjury under the laws of this state stating all of the following: 

(1) The decedent’s name. 

(2) The date and place of 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.’” 

             A certified copy of the decedent’s death certificate must be attached to

the declaration.  (Code Civ. Proc. §§ 377.32, subd, (c).) 

III.      DISCUSSION

          Miller requests that the Court substitute her in her capacity as successor in interest of Clarence Beauford’s estate. The Court finds that Miller meets the requirements laid out by CCP § 377.32.

          As a preliminary matter, Beauford’s estate does not have a personal representative. (Motion, pg. 3, lines 17-18). Miller attaches a declaration under penalty of perjury wherefore she states that the decedent’s name was Clarence Beauford. (Motion, Declaration of Cynthia Miller, para. 2). She states that he died March 16, 2022 in Riverside, CA. (Motion, Declaration of Cynthia Miller, para. 2). Miller states that “No proceeding is now pending in California for administration of the Decedent’s estate.” (Motion, Declaration of Cynthia Miller, para. 4). She states: “I am the Decedent’s successor in interest (as defined in CCP § 377.11) and succeed to the Decedent’s interest in this action or proceeding.” (Motion, Declaration of Cynthia Miller, para. 5). Miller states that “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.” (Motion, Declaration of Cynthia Miller, para. 6). Additionally, Miller states: “I, Cynthia Beauford, declare under penalty of perjury under the law of the State of California that the foregoing is true and correct.” (Motion, Declaration of Cynthia Miller, lines 17-18). Additionally, Miller attaches the certificate of death to her declaration. (Motion, Declaration, Exhibit A).

          Accordingly, as Miller has met all of the statutory requirements, the Court designates her as successor in interest for Plaintiff Clarence Beauford’s estate.

IV.      CONCLUSION

            The Court grants Miller’s motion to be substituted in her capacity as successor in interest of Clarence Beauford’s estate.

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’s 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.