This case was last updated from Los Angeles County Superior Courts on 10/28/2020 at 04:28:49 (UTC).

MARJORIE STEVENS VS CITY OF LOS ANGELES, ET AL.

Case Summary

On 02/27/2019 MARJORIE STEVENS filed an Other lawsuit against CITY OF LOS ANGELES. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is WENDY CHANG. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******2046

  • Filing Date:

    02/27/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Other

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

WENDY CHANG

 

Party Details

Plaintiff

STEVENS MARJORIE

Defendants

CITY OF LOS ANGELES DEPARTMENT OF PUBLIC WORKS

CITY OF LOS ANGELES

HAGEKHALIL ADEL H.

JAMES KEVIN

CABELLO CECILIA

CITY OF LOS ANGELES BUREAU OF STREET SERVICES

DAVIS MIKE

LOS ANGELES CITY COUNCIL

GARCIA AURA

 

Court Documents

Motion for Order (name extension) - Motion for Order Notice of Motion and Motion to Substitute Steven Pickler

11/4/2019: Motion for Order (name extension) - Motion for Order Notice of Motion and Motion to Substitute Steven Pickler

Motion for Order (name extension) - Motion for Order Notice of Motion and Motion to Substitute Plaintiff

1/6/2020: Motion for Order (name extension) - Motion for Order Notice of Motion and Motion to Substitute Plaintiff

Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

4/15/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion for Order Notice of Motion and Motion to Su...) of 07/02/2020

7/2/2020: Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion for Order Notice of Motion and Motion to Su...) of 07/02/2020

Minute Order - Minute Order (Hearing on Motion for Order Notice of Motion and Motion to Su...)

7/2/2020: Minute Order - Minute Order (Hearing on Motion for Order Notice of Motion and Motion to Su...)

Motion for Order (name extension) - Motion for Order NOTICE OF MOTION AND MOTION TO SUBSTITUTE SUCCESSOR IN INTEREST STEVEN PICKLER IN PLACE OF DECEDENT MARJORIE STEVENS

7/31/2020: Motion for Order (name extension) - Motion for Order NOTICE OF MOTION AND MOTION TO SUBSTITUTE SUCCESSOR IN INTEREST STEVEN PICKLER IN PLACE OF DECEDENT MARJORIE STEVENS

Minute Order - Minute Order (Hearing on Motion for Order Notice of Motion and Motion to Su...)

8/11/2020: Minute Order - Minute Order (Hearing on Motion for Order Notice of Motion and Motion to Su...)

Certificate of Mailing for - Certificate of Mailing for [Minute Order (Hearing on Motion for Order Notice of Motion and Motion to Su...)]

8/11/2020: Certificate of Mailing for - Certificate of Mailing for [Minute Order (Hearing on Motion for Order Notice of Motion and Motion to Su...)]

Notice (name extension) - Notice of filing proof of service

4/15/2019: Notice (name extension) - Notice of filing proof of service

Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)

2/28/2019: Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)

Summons - Summons on Complaint

3/12/2019: Summons - Summons on Complaint

Complaint - Complaint

2/27/2019: Complaint - Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

2/27/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

2/27/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

First Amended Standing Order - First Amended Standing Order

2/27/2019: First Amended Standing Order - First Amended Standing Order

3 More Documents Available

 

Docket Entries

  • 03/02/2022
  • Hearing03/02/2022 at 10:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service

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  • 04/27/2021
  • Hearing04/27/2021 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 08/11/2020
  • DocketNon-Jury Trial scheduled for 04/27/2021 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 08/11/2020
  • DocketCertificate of Mailing for [Minute Order (Hearing on Motion for Order Notice of Motion and Motion to Su...)]; Filed by: Clerk

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  • 08/11/2020
  • DocketMinute Order (Hearing on Motion for Order Notice of Motion and Motion to Su...)

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  • 08/11/2020
  • DocketHearing on Motion for Order Notice of Motion and Motion to Substitute Plaintiff scheduled for 08/11/2020 at 10:00 AM in Spring Street Courthouse at Department 26 updated: Result Date to 08/11/2020; Result Type to Held - Motion Denied

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  • 08/11/2020
  • DocketOn the Court's own motion, Non-Jury Trial scheduled for 08/26/2020 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Continued - Court's Motion was rescheduled to 04/27/2021 08:30 AM

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  • 07/31/2020
  • DocketMotion for Order NOTICE OF MOTION AND MOTION TO SUBSTITUTE SUCCESSOR IN INTEREST STEVEN PICKLER IN PLACE OF DECEDENT MARJORIE STEVENS; Filed by: Marjorie Stevens (Plaintiff)

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  • 07/02/2020
  • DocketMinute Order (Hearing on Motion for Order Notice of Motion and Motion to Su...)

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  • 07/02/2020
  • DocketCertificate of Mailing for (Hearing on Motion for Order Notice of Motion and Motion to Su...) of 07/02/2020; Filed by: Clerk

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11 More Docket Entries
  • 02/28/2019
  • DocketOrder on Court Fee Waiver (Superior Court); Filed by: Clerk; As to: Marjorie Stevens (Plaintiff)

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  • 02/27/2019
  • DocketComplaint; Filed by: Marjorie Stevens (Plaintiff); As to: City of Los Angeles (Defendant); City of Los Angeles Department of Public Works (Defendant); Los Angeles City Council (Defendant) et al.

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  • 02/27/2019
  • DocketRequest to Waive Court Fees; Filed by: Marjorie Stevens (Plaintiff)

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  • 02/27/2019
  • DocketCivil Case Cover Sheet; Filed by: Marjorie Stevens (Plaintiff)

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  • 02/27/2019
  • DocketSummons on Complaint; Issued and Filed by: Clerk

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  • 02/27/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 02/27/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 02/27/2019
  • DocketCase assigned to Hon. Wendy Chang in Department 94 Stanley Mosk Courthouse

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  • 02/27/2019
  • DocketNon-Jury Trial scheduled for 08/26/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 02/27/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 03/02/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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Tentative Rulings

Case Number: 19STLC02046    Hearing Date: August 11, 2020    Dept: 26

Stevens v. City of Los Angeles, et al.

MOTION TO SUBSTITUTE SUCCESSOR IN INTEREST

(CCP § 377.10, et seq.)

TENTATIVE RULING:

Motion of non-party Steven Pickler to be substituted as the plaintiff in lieu of Marjorie Stevens is DENIED WITHOUT PREJUDICE.

ANALYSIS:

The instant action was commenced by Plaintiff Marjorie Stevens (“Stevens”) on March 27, 2019. Stevens passed away on August 27, 2019. (Motion, Pickler Decl., Exh. A.) Moving Party Steven Pickler (“Pickler”) filed a motion to be substituted into the action as the plaintiff on January 6, 2020. Pickler’s Motion initially came for hearing on July 2, 2020, at which time the Court found that his supporting declaration failed to clearly set forth all the information required by Code of Civil Procedure, section 377.32.

Specifically, that Pickler’s motion was supported solely by his own declaration, but instead of stating whether Stevens’ estate was administered, the declaration simply repeated verbatim the statutory language “[i]f 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.” That has since been corrected in Pickler’s second declaration, which states that no proceeding is now pending in California for administration of the decedent’s estate. (Id. at ¶3.)

Pickler also failed to provide facts in support of his contention that he is Stevens’ successor in interest and succeeds to Stevens’ interest in the action or proceeding, a showing required by Code of Civil Procedure section 377.32, subdivision (a)(5)(A).

At the hearing on July 2, 2020 the Court continued the matter to allow Pickler to file supplemental briefing addressing these issues. Pickler filed a second motion to be substituted in as the plaintiff in this action on July 31, 2020. The second motion was served on Defendant on July 23, 2020.

Legal Standard

Code of Civil Procedure, section 377.31 states, “[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.” (Code Civ. Proc., § 377.31.) Code of Civil Procedure, section 377.11 defines “successor-in-interest” as “the beneficiary of the decedent’s estate or other successor in interest who succeeds to a cause of action or to a particular item of the property that is the subject of a cause of action.” (Code Civ. Proc., § 377.11.)

Under Code of Civil Procedure, section 377.32:

(a) The person who seeks to commence an action or proceeding or 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 the 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.”

(b) Where more than one person executes the affidavit or declaration under this section, the statements required by subdivision (a) shall be modified as appropriate to reflect that fact.

(c) A certified copy of the decedent's death certificate shall be attached to the affidavit or declaration.

(Code Civ. Proc., § 377.32.)

Discussion

In the second motion, Pickler again moves to substitute in as the plaintiff in this action on the grounds that he is the successor in interest to the Living Trust dated November 14, 2016 (“the Living Trust”). The Court remains confused by the role of the Living Trust in this action. This action was filed by Stevens as an individual. To the extent the property allegedly damaged by Defendant’s conduct was an asset of the Living Trust, it is unclear why this action was filed in Stevens’ name.

As the Court explained at the initial hearing, while the Living Trust names Pickler as one of Stevens’ children and as the Trustee, there is nothing to show that the Trustee is Stevens’ successor-in-interest as defined by Code of Civil Procedure, section 377.11. A successor-in-interest is “the beneficiary of the decedent’s estate or other successor in interest who succeeds to a cause of action or to a particular item of the property that is the subject of a cause of action.” (Code Civ. Proc., § 377.11.) The Living Trust does not provide that Pickler succeeds to the causes of action raised in this case. (Motion, Exh. B.)

Finally, the Court previously noted that Pickler seeks to be substituted in as the plaintiff in his individual capacity, despite seeking substitution based on a representative role (trustee of the Living Trust). The second motion still does not explain why Pickler should be substituted in as the plaintiff in his individual capacity.

Accordingly, Steven Pickler’s Motion to be substituted as the plaintiff in lieu of Marjorie Stevens is DENIED WITHOUT PREJUDICE.

Court clerk to give notice.

Case Number: 19STLC02046    Hearing Date: July 02, 2020    Dept: 26

MOTION TO SUBSTITUTE SUCCESSOR IN INTEREST

(CCP § 377.10, et seq.)

TENTATIVE RULING:

Motion of non-party Steven Pickler to be substituted as the plaintiff in lieu of Marjorie Stevens is DENIED.

ANALYSIS:

The instant action was commenced by Plaintiff Marjorie Stevens (“Stevens”) on March 27, 2019. Stevens passed away on August 27, 2019. (Motion, Pickler Decl., Exh. A.) Moving Party Steven Pickler (“Pickler”) now moves to substitute in as the plaintiff in this action, in his individual capacity, on the grounds that he is the executor of Stevens’ estate or the successor in interest to the Living Trust dated November 14, 2016 (“the Living Trust”). To date, no opposition to the instant Motion has been filed.

Legal Standard

Code of Civil Procedure, section 377.31 states, “[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.” (Code Civ. Proc., § 377.31.) Code of Civil Procedure, section 377.11 defines “successor-in-interest” as “the beneficiary of the decedent’s estate or other successor in interest who succeeds to a cause of action or to a particular item of the property that is the subject of a cause of action.” (Code Civ. Proc., § 377.11.)

Under Code of Civil Procedure, section 377.32:

(a) The person who seeks to commence an action or proceeding or 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 the 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.”

(b) Where more than one person executes the affidavit or declaration under this section, the statements required by subdivision (a) shall be modified as appropriate to reflect that fact.

(c) A certified copy of the decedent's death certificate shall be attached to the affidavit or declaration.

(Code Civ. Proc., § 377.32.)

Discussion

Pickler’s motion is supported solely by his own declaration, to which is attached a copy of Stevens’ death certificate and the Marjorie Stevens Revocable Living Trust, dated November 14, 2016 (“the Living Trust”). (Motion, Pickler Decl., Exhs. A-B.) The declaration, however, fails to clearly set forth all the information required by Code of Civil Procedure, section 377.32.

The declaration states Stevens’ name, the date and place of Stevens’ death, and that “no proceeding is now pending in California for administration of the decedent’s estate.” (Id. at ¶¶1-3.) However, instead of stating whether Stevens’ estate was administered, the declaration simply repeats verbatim the statutory language “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.” (Id. at ¶4.) Pickler also declares that he is Stevens’ successor in interest and succeeds to the decedent's interest in the action or proceeding, but does not provide facts in support of this as required by Code of Civil Procedure section 377.32, subdivision (a)(5)(A). (Id. at ¶5.) Pickler’s claim that he is Stevens’ successor in interest and succeeds to her interest in this action appears to be based on his contention that he is the executor of Stevens’ estate or the successor in interest to the Living Trust. (Motion, p. 2:9-11.)

No evidence is provided to demonstrate that Pickler is the executor of Stevens’ estate. As noted above, no documentary evidence has been attached showing that the estate was administered or the results of such an administration. Pickler also contends that he is the successor in interest to the Living Trust, but it is unclear what that means. The Living Trust names Pickler as one of Stevens’ children and as the Trustee, but there is nothing to show that the Trustee is as successor-in-interest as defined by Code of Civil Procedure, section 377.11: “the beneficiary of the decedent’s estate or other successor in interest who succeeds to a cause of action or to a particular item of the property that is the subject of a cause of action.” (Code Civ. Proc., § 377.11.) The Living Trust does not provide that Pickler succeeds to the causes of action raised in this case. (Motion, Exh. B.)

Finally, the Court notes that Pickler seeks to be substituted in as the plaintiff in his individual capacity, despite seeking substitution based on representative roles (executor of Stevens’ estate and/or trustee of the Living Trust).

Accordingly, the motion for substitution is DENIED.

Court clerk to give notice.