Judge: William A. Crowfoot, Case: 23AHCV00170, Date: 2025-02-20 Tentative Ruling


Case Number: 23AHCV00170    Hearing Date: February 20, 2025    Dept: 3

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - NORTHEAST DISTRICT

 

FRANCYNE SAUCEDO, by and through FRANCYNE CARRILLO, her Successor-in-Interest and as an individual,

                    Plaintiff(s),

          vs.

 

MONTEREY PARK HOSPITAL AHMC, et al.,

 

                    Defendant(s).

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     CASE NO.:  23AHCV00170

 

[TENTATIVE] ORDER RE: MOTION TO ABATE ACTION

 

Dept. 3

8:30 a.m.

February 20, 2025

 

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I.            INTRODUCTION

On January 25, 2023, this wrongful death action was filed by Francyne Carrillo (“Carrillo”) as the successor-in-interest to Francyne Saucedo (“Decedent”). On January 21, 2025, Defendants AHMC Healthcare Inc. and AHMC Monterey Park Hospital LP (“Defendants”) filed this motion to abate this action on the grounds that there are several heirs who have not been named as either plaintiffs or nominal defendants.

II.          LEGAL STANDARD

Wrongful death actions may be brought by the heirs of the decedent or a personal representative on behalf of the heirs of the decedent. (Code Civ. Proc., § 377.60.) Only one action for wrongful death may be brought and an heir bringing such an action should join all known heirs. (See Adams v. Superior Court (2011) 196 Cal.App.4th 71, 76-77 [citing Smith v. Premier Alliance Ins. Co. (1995) 41 Cal.App.4th 691, 696.) “Defendants facing a wrongful death action in which all the heirs should have, but have not, been joined are entitled to move to abate the action.” (Adams, supra, 196 Cal.App.4th at p. 77.)

III.        DISCUSSION

Defendants move to abate the action the grounds that Decedent’s obituary reveals that she is survived by children who have not been named as a plaintiff or nominal defendant in this action. Defense counsel provides a link and web page printout for the Decedent’s obituary located on the website of Guerra & Gutierrez Mortuary. The obituary states that Decedent is “survived by her children: Francyne [Carrillo], Anthony, Cristyne, Jesse, Frank, Jazzmyne and Justyne, siblings Annette, Joann, Louise, Pauline, Patricia, Georgette and Frank, father: Frank, 26 grandchildren and 6 great-grandchildren.” Therefore, the complaint fails to join all of Decedent’s heirs in this action.

The motion is unopposed and Carrillo does not contend that she is entitled, as Decedent’s personal representative, to represent all the heirs. Accordingly, in light of the discovery of additional heirs, this action must be abated.

IV.        CONCLUSION

Defendants’ motion is GRANTED and the action is abated until Carrillo adds Decedent’s heirs as parties to this action. The Court sets a status conference regarding the joinder of such parties for 8:30 a.m. on March 26, 2025.

Dated this 20th day of February 2025

 

 

 

 

       William A. Crowfoot

Judge of the Superior Court

 

 

Parties who intend to submit on this tentative must send an email to the Court at ALHDEPT3@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.