This case was last updated from Los Angeles County Superior Courts on 06/07/2019 at 01:11:59 (UTC).

EPAFRODITO A PASCUA VS YOUSSEF T MERHI ET AL

Case Summary

On 03/25/2016 EPAFRODITO A PASCUA filed a Contract - Other Contract lawsuit against YOUSSEF T MERHI. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is TERESA A. BEAUDET. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****4772

  • Filing Date:

    03/25/2016

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

TERESA A. BEAUDET

 

Party Details

Petitioner and Plaintiff

PASCUA EPAFRODITO A.

Respondents and Defendants

MAJICK TRAVIS JOHN

DOUMANI DAHLIA MICHELLE

MERHI JOSEPH TOUFIK

BRC ADVISORS INC.

MERHI DAHLIA

MERHI YOUSSEF T.

MERHI JOSEPH

ENDERLIN RICHARD

DOUMANI LORENZO AS TRUSTEE OF THE

KELLER WILLIAMS REALTY WESTSIDE

WEST COAST ESCROW COMPANY

MORE LUCKY CATS INC.

HUANG JAMES

DOUMANI LORENZO

LEONARD ANTHONY

TERRY LINDA KAY

Attorney/Law Firm Details

Petitioner and Plaintiff Attorneys

BERGKVIST BERGKVIST & CARTER LLP

COWLES RICHARD J.

Defendant Attorneys

SHOCH LOUIS E.

TRESTER FREDRIC W.

GOOR RICHARD

JUENGER JOHN

DAVIS MATTHEW S.

 

Court Documents

Unknown

1/11/2018: Unknown

LORENZO DOUMANI'S ANSWER TO SECOND AMENDED COMPLAINT

1/19/2018: LORENZO DOUMANI'S ANSWER TO SECOND AMENDED COMPLAINT

DEFENDANT LORENZO DOUMANI'S NOTICE OF POSTING JURY FEES

1/24/2018: DEFENDANT LORENZO DOUMANI'S NOTICE OF POSTING JURY FEES

Unknown

1/24/2018: Unknown

DEFENDANT LORENZO DOUMANI'S REQUEST FOR PRIOR PLEADINGS AND DISCOVERY

1/26/2018: DEFENDANT LORENZO DOUMANI'S REQUEST FOR PRIOR PLEADINGS AND DISCOVERY

Minute Order

2/5/2018: Minute Order

AMENDED ANSWER TO SECOND AMENDED COMPLAINT

2/22/2018: AMENDED ANSWER TO SECOND AMENDED COMPLAINT

NOTICE OF CHANGE OF ADDRESS FOR GUTMAN LAW

2/26/2018: NOTICE OF CHANGE OF ADDRESS FOR GUTMAN LAW

Minute Order

2/26/2018: Minute Order

Minute Order

2/27/2018: Minute Order

STIPULATION AND ORDER TO CONTINUE TRIAL AND ALL RELATED DATES

3/1/2018: STIPULATION AND ORDER TO CONTINUE TRIAL AND ALL RELATED DATES

Minute Order

3/1/2018: Minute Order

NOTICE OF ENTRY OF OTHER ORDER

3/2/2018: NOTICE OF ENTRY OF OTHER ORDER

STIPULATION FOR LEAVE TO ALLOW DEFENDANT YOUSSEF T. MERHI TO FILE AMENDED ANSWER TO SECOND AMENDED COMPLAINT; ETC.

3/12/2018: STIPULATION FOR LEAVE TO ALLOW DEFENDANT YOUSSEF T. MERHI TO FILE AMENDED ANSWER TO SECOND AMENDED COMPLAINT; ETC.

FIRST AMENDED ANSWER BY DEFENDANT YOUSSEF T. MERHI TO SECOND AMENDED COMPLAINT

3/12/2018: FIRST AMENDED ANSWER BY DEFENDANT YOUSSEF T. MERHI TO SECOND AMENDED COMPLAINT

Minute Order

3/15/2018: Minute Order

NOTICE OF ENTRY OF OTHER ORDER

3/20/2018: NOTICE OF ENTRY OF OTHER ORDER

NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATION BY DEFENDANT YOUSSEF T. MERHI, ETC

8/31/2018: NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATION BY DEFENDANT YOUSSEF T. MERHI, ETC

226 More Documents Available

 

Docket Entries

  • 06/05/2019
  • at 09:30 AM in Department 50, Teresa A. Beaudet, Presiding; (Trial) - Not Held - Advanced and Continued - by Court

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  • 06/05/2019
  • Notice (of Court Order re: Keller Williams Settlement to be in Good Faith); Filed by Dahlia Merhi (Defendant); More Lucky Cats Inc. (Defendant)

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  • 06/04/2019
  • Request for Dismissal

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  • 05/31/2019
  • Notice of Ruling; Filed by Epafrodito A. Pascua (Plaintiff)

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  • 05/24/2019
  • Stipulation and Order (Stipulation Agreeing Settlement to be in Good Faith); Filed by Dahlia Merhi (Defendant); More Lucky Cats Inc. (Defendant)

    Read MoreRead Less
  • 05/23/2019
  • at 09:30 AM in Department 50, Teresa A. Beaudet, Presiding; Final Status Conference - Held - Continued

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  • 05/23/2019
  • Minute Order ( (Final Status Conference)); Filed by Clerk

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  • 05/22/2019
  • Notice of Ruling; Filed by Lorenzo Doumani (Defendant)

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  • 05/22/2019
  • Exhibit List (JOINT EXHIBIT LIST); Filed by Epafrodito A. Pascua (Plaintiff)

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  • 05/22/2019
  • Witness List (JOINT TRIAL WITNESS LIST); Filed by Epafrodito A. Pascua (Plaintiff)

    Read MoreRead Less
431 More Docket Entries
  • 07/06/2016
  • at 08:30 AM in Department 34; Case Management Conference (Conference-Case Management; Matter continued) -

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  • 07/06/2016
  • Minute Order

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  • 07/06/2016
  • Minute order entered: 2016-07-06 00:00:00; Filed by Clerk

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  • 07/05/2016
  • CASE MANAGEMENT STATEMENT

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  • 07/05/2016
  • Case Management Statement; Filed by Plaintiff/Petitioner

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  • 04/07/2016
  • NOTICE OF CASE MANAGEMENT CONFERENCE

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  • 04/07/2016
  • Notice of Case Management Conference; Filed by Clerk

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  • 03/25/2016
  • SUMMONS

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  • 03/25/2016
  • Complaint; Filed by Epafrodito A. Pascua (Plaintiff)

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  • 03/25/2016
  • COMPLAINT FOR: 1. NEGLIGENCE; ETC

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Tentative Rulings

Case Number: BC614772    Hearing Date: May 17, 2021    Dept: 50

 

 

Superior Court of California

County of Los Angeles

Department 50

EPAFRODITO A PASCUA,

Plaintiff,

vs.

YOUSSEF T MERHI, et al.,

Defendants.

Case No.:

BC614772

Hearing Date:

May 17, 2021

Hearing Time:

1:30 p.m.

[TENTATIVE] ORDER RE:

PLAINTIFF’S MOTION FOR AN ORDER

SUBSTITUTING AS PLAINTIFF,

CAROLINA PASCUA ADMINISTRATOR

OF THE ESTATE OF EPAFRODITO

PASCUA

Background

Plaintiff Epafrodito Pascua, died on July 31, 2020. Carolina Pascua (“Carolina”) has been appointed as the Administrator of the Estate of Epafrodito Pascua. Carolina requests that the Court appoint her as a party plaintiff in this matter.

Legal Standard

A pending action does not abate by reason of the death of a party if the cause of action survives. (Code Civ. Proc., § 377.21.) The court may make appropriate orders substituting the decedent's personal representative or successor in interest as plaintiff on claims belonging to the decedent. Alternatively, it may appoint the successor in interest as a special administrator or guardian ad litem on such claims. (Code Civ. Proc., § 377.33.) The court may make appropriate orders substituting the decedent's personal representative or successor in interest as plaintiff on claims belonging to the decedent. (Id.) Under Code Civ. Proc., section 377.32, a successor in interest (person entitled to inherit claim) who seeks to be substituted as plaintiff in place of the decedent must execute and file a declaration in statutory form, which must provide:

  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.”

  1. 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.

  2. Either of the following, as appropriate, with facts in support thereof:

    1. “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.”

    2. “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.”

  1. “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.”

  2. “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.”

  3. 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.[1]

Last, a certified copy of the decedent's death certificate must be attached to the affidavit or declaration. (Code Civ. Proc., § 377.32(c).)

Discussion

  1. The Motion to Substitute Party Plaintiff is not in Compliance with the Statute

Here, Plaintiff Epafrodito Pascua’s death did not abate his claim. Carolina is acting in a representative capacity and has the right to continue the litigation as a party. In her sworn declaration (“Carolina Decl.”),[2] Carolina states Epafrodito Pascua’s name, in addition to his time and place of death. (Carolina Decl., ¶ 3.) In addition, the Letters of Administration are attached to Carolina’s declaration as Exhibit “A.” However, Carolina’s declaration does not state:

Accordingly, the hearing for the pending motion to substitute Carolina Pascua as party plaintiff to the underlying action is continued.

Conclusion

Therefore, the hearing for the pending motion to substitute Carolina Pascua as party plaintiff to the underlying action IS CONTINUED.

Plaintiff is ordered to provide notice of this ruling.

DATED: May 17, 2021

________________________________

Hon. Teresa A. Beaudet

Judge, Los Angeles Superior Court


[1] (Code Civ. Proc., § 377.32(a).)

[2] Filed on April 22, 2021. A previous submission of Carolina’s declaration on April 21, 2021, did not contain a Death Certificate.

[3] Code Civ. Proc., § 377.32(a)(3).

[4] Code Civ. Proc., § 377.32(a)(5).

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