JAVIER QUIROGA NEGRETE ET AL VS JEFFREY JIN CHONG ET AL

Tentative Rulings

Case Number: BC647199    Hearing Date: January 15, 2020    Dept: 27

[TENTATIVE] ORDER RE: MOTION TO SUBSTITUTE SUCCESSOR-IN-INTEREST; LEAVE TO FILE SECOND AMENDED COMPLAINT

On January 17, 2017, plaintiffs Javier Quiroga Negrete, Jose Brigido (“Plaintiff”) and Juan Figueroa filed this action against defendants Jeffery Jin Chong and Michael Chong for injuries and damages arising from a February 4, 2015 motor vehicle collision. The case settled, but Plaintiff passed away on July 13, 2018 and is unable to sign the settlement papers. Plaintiff’s wife, Maria Elena Ramos-Lopez (“Ramos-Lopez”) seeks to be substituted as Plaintiff’s successor-in-interest in the action and to file a Second Amended Complaint naming her as such. There is no opposition.

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.)

Ramos-Lopez submitted a declaration that complies with the requirements of section 377.32. Accordingly, the Motion to substitute a successor-in-interest is GRANTED and leave is granted to file the proposed Second Amended Complaint naming her Plaintiff’s successor-in-interest. Ramos-Lopez is to file the Second Amended Complaint within 10 days of the date of this order.

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org indicating intention to submit on the tentative.