Judge: William A. Crowfoot, Case: 23AHCV02419, Date: 2025-01-14 Tentative Ruling

Case Number: 23AHCV02419    Hearing Date: January 14, 2025    Dept: 3

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - NORTHEAST DISTRICT

I.            INTRODUCTION

On October 18, 2023, plaintiff James Brooks (“Plaintiff”) filed this action against defendant Walmart, Inc. (“Defendant”). On December 3, 2024, Petrona Brooks (“Brooks”) moved to be appointed as Plaintiff’s successor in interest. Brooks declares that Plaintiff passed away on September 6, 2024.

On December 30, 2024, Defendant filed an opposition brief.

No reply brief is on file.

II.          LEGAL STANDARD

“A cause of action that survives the death of the person entitled to commence an action or proceeding passes to the decedent’s successor in interest . . . and an action may be commenced by the decedent’s personal representatives or, if none, by the decedent’s successor in interest.”  (Code Civ. Proc., § 377.30.)  After the death of a plaintiff, the court, on motion, shall allow a pending action that does not abate to be continued by the decedent’s personal representative or successor-in-interest.  (Code Civ. Proc., § 377.31.)

The person who seeks to commence or continue a pending action as the decedent’s successor-in-interest shall execute and file an affidavit or declaration stating: (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) a copy of the final order showing the distribution of the decedent’s cause of action to the successor-in-interest, if the decedent’s estate was administered, (5) either the affiant or declarant is the decedent’s successor in interest or the affiant or declarant is authorized to act on behalf of the decedent’s successor in interest, with facts in support thereof, (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,” and (7) the statements are true, under penalty of perjury.  (Code Civ. Proc., § 377.32.)

III.        DISCUSSION

Brooks declares that she is Plaintiff’s surviving daughter and that he passed away on September 6, 2024. (Brooks Decl., ¶ 2.) She declares no proceeding is now pending for the administration for his estate and that no persons other than herself has a superior right to be substituted for him in this proceeding. (Brooks Decl., ¶¶ 4, 6.)

In opposition, Defendant argues that the declaration is insufficient and that she “must be required to clarify the facts in support of her motion.” (Opp., p. 3.) In particular, Defendant argues that Plaintiff was legally married when he passed away, and that his widow, referred to only as “Patricia”, could have a superior right to be substituted for Plaintiff. (See Prob. Code, § 6401 [difference in intestate share of decedent’s separate property left to surviving spouse depending on different circumstances].)

Brooks did not submit a reply, which the Court construes as a concession that Defendant’s arguments have merit. Therefore, the motion to substitute Brooks as Plaintiff’s successor-in-interest is DENIED without prejudice.

IV.        CONCLUSION

The motion is DENIED without prejudice.

Moving party to give notice.

Dated this 14th day of January 2025

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.