On 02/17/2017 ALBERTO MURATALLA filed a Property - Other Real Property lawsuit against JIMMY MURATALLA. This case was filed in Los Angeles County Superior Courts, Norwalk Courthouse located in Los Angeles, California. The Judge overseeing this case is MARGARET MILLER BERNAL. The case status is Pending - Other Pending.
****6122
02/17/2017
Pending - Other Pending
Los Angeles County Superior Courts
Norwalk Courthouse
Los Angeles, California
MARGARET MILLER BERNAL
SEPULVEDA TERESA ATTORNEY IN FACT FOR
MURATALLA MARTIN ATTORNEY IN FACT FOR
MURATALLA ALBERTO
SEPULVEDA TERESA
MURATALLA MARTIN
MURATALLA JIMMY
O'REILLY TIMOTHY L. LAW OFFICES OF
O'REILLY TIMOTHY LYONS
JONES NICHELLE DENINE
2/17/2017: Unknown
3/13/2017: Declaration re: Due Diligence
7/19/2017: Case Management Statement
9/6/2017: Notice of Motion
1/9/2018: Unknown
1/9/2018: Minute Order
1/9/2018: Unknown
1/19/2018: Minute Order
2/26/2018: Unknown
2/27/2018: Minute Order
3/9/2018: Unknown
3/9/2018: Unknown
3/15/2018: Unknown
3/22/2018: Minute Order
3/29/2018: Notice of Ruling
4/23/2018: Minute Order
10/17/2018: Minute Order
1/30/2019: Minute Order
at 08:30 AM in Department F, Margaret Miller Bernal, Presiding; Trial Setting Conference - Held - Continued
Minute Order ( (Trial Setting Conference)); Filed by Clerk
at 08:30 AM in Department F, Margaret Miller Bernal, Presiding; Trial Setting Conference - Held - Continued
Minute Order ( (Trial Setting Conference)); Filed by Clerk
at 09:30 AM in Department F, Margaret Miller Bernal, Presiding; Non-Jury Trial - Not Held - Advanced and Vacated
at 08:30 AM in Department F, Margaret Miller Bernal, Presiding; Trial Setting Conference - Held - Continued
Minute Order ((Trial Setting Conference)); Filed by Clerk
Minute order entered: 2018-10-17 00:00:00; Filed by Clerk
Stipulation and Order; Filed by JIMMY MURATALLA (Defendant)
Request for Correction; Filed by Clerk
Minute order entered: 2017-07-24 00:00:00; Filed by Clerk
Case Management Statement; Filed by ALBERTO MURATALLA (Plaintiff); MARTIN MURATALLA (Plaintiff); TERESA SEPULVEDA (Plaintiff)
Declaration re: Due Diligence; Filed by ALBERTO MURATALLA (Plaintiff); MARTIN MURATALLA (Plaintiff); TERESA SEPULVEDA (Plaintiff)
Rtn of Service of Summons & Compl; Filed by ALBERTO MURATALLA (Plaintiff); MARTIN MURATALLA (Plaintiff); TERESA SEPULVEDA (Plaintiff)
Proof of Service (not Summons and Complaint); Filed by ALBERTO MURATALLA (Plaintiff); MARTIN MURATALLA (Plaintiff); TERESA SEPULVEDA (Plaintiff)
Summons; Filed by Plaintiff
Civil Case Cover Sheet
Complaint filed-Summons Issued; Filed by ALBERTO MURATALLA (Plaintiff); MARTIN MURATALLA (Plaintiff); TERESA SEPULVEDA (Plaintiff)
Summons; Filed by Plaintiff
Notice of Case Management Conference; Filed by Clerk
Case Number: VC066122 Hearing Date: January 14, 2020 Dept: SEC
MURATALLA v. MURATALLA
CASE NO.: VC066122
HEARING: 1/14/20
JUDGE: OLIVIA ROSALES
#9
TENTATIVE ORDER
Defendant Estate of Jimmy Muratalla’s motion for substitution of personal representative for deceased Defendant is DENIED without prejudice.
Moving Party to give NOTICE.
The Estate of Jimmy Muratalla, by and through its administrator, Manuel Muratalla, moves to defend this action as Defendant Jimmy Muratalla’s representative pursuant to CCP § 377.41.
On motion, the court shall allow a pending action or proceeding against the decedent that does not abate to be continued against the decedent’s personal representative or, to the extent provided by statute, against the decedent’s successor in interest, except that the court may not permit an action or proceeding to be continued against the personal representative unless proof of compliance with Part 4 (commencing with Section 9000) of Division 7 of the Probate Code governing creditor claims is first made. (CCP § 377.41.)
CCP § 377.32 states, in pertinent part, “The person who seeks 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….. (c) A certified copy of the decedent’s death certificate shall be attached to the affidavit or declaration.” (Id.)
Here, Manuel Muratalla has not filed a declaration pursuant to CCP § 377.32. Instead, the declaration attached to the motion is signed by defense counsel, which is insufficient under the code.