Judge: William A. Crowfoot, Case: 24NNCV02893, Date: 2025-02-11 Tentative Ruling

Case Number: 24NNCV02893    Hearing Date: February 11, 2025    Dept: 3

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - NORTHEAST DISTRICT

 

SARKIS KAZANCHYAN,

                    Plaintiff(s),

          vs.

 

RANDALL ROBERTS, M.D., et al.,

 

                    Defendant(s).

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      CASE NO.: 24NNCV02893

 

[TENTATIVE] ORDER RE: MOTION TO SUBSTITUTE VICTORIA KAZANCHYAN AS SUCCESSOR-IN-INTEREST TO PLAINTIFF SARKIS KAZANCHYAN

 

 

 

 

 

 

Dept. 3

8:30 a.m.

February 11, 2025

 

On December 18, 2024, Victoria Kazanchyan (“Kazanchyan”) filed this motion to be substituted as plaintiff Sarkis Kazanchyan’s (“Plaintiff”) successor-in-interest. The motion is unopposed.

“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.)

Ms. Kazanchyan submits a declaration that includes all the required statutory components. She declares Plaintiff passed away on October 4, 2024. She further explains that she should be substituted as Plaintiff’s successor-in-interest because she is Plaintiff’s biological daughter and her mother and siblings have authorized her to act on their behalf with respect to Plaintiff’s action. Given Ms. Kazanchyan’s statements under penalty of perjury, her unopposed motion to be substituted as Plaintiff’s successor-in-interest is GRANTED.

Moving party to give notice.

 

 

Dated this 11th 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.