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This case was last updated from Los Angeles County Superior Courts on 10/23/2019 at 05:29:48 (UTC).

TOMMY YRIGOLLEN VS IRMA HERNANDEZ

Case Summary

On 08/14/2017 TOMMY YRIGOLLEN filed a Property - Other Property Fraud lawsuit against IRMA HERNANDEZ. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is GREGORY W. ALARCON. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****2127

  • Filing Date:

    08/14/2017

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Property - Other Property Fraud

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

GREGORY W. ALARCON

 

Party Details

Plaintiff and Petitioner

YRIGOLLEN TOMMY

Defendants and Respondents

HERNANDEZ IRMA

DOES 1 THROUGH 10

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

SANDERS MARSHALL C. ESQ.

SANDERS MARSHALL CURTIS

Defendant Attorney

WARSHAW MARK DAVID

 

Court Documents

Application - APPLICATION FOR TRIAL CONTINUANCE

4/30/2019: Application - APPLICATION FOR TRIAL CONTINUANCE

Minute Order - MINUTE ORDER (NON-JURY TRIAL)

5/1/2019: Minute Order - MINUTE ORDER (NON-JURY TRIAL)

Declaration - Declaration Re: Final Status Conference

2/5/2019: Declaration - Declaration Re: Final Status Conference

Minute Order - Minute Order (Final Status Conference)

2/6/2019: Minute Order - Minute Order (Final Status Conference)

Notice of Ruling

1/22/2019: Notice of Ruling

Ex Parte Application - Ex Parte Application to Continue Final Status Conference and Trial

11/13/2018: Ex Parte Application - Ex Parte Application to Continue Final Status Conference and Trial

Notice of Ruling

11/19/2018: Notice of Ruling

Minute Order - Minute Order (Ex-Parte Proceedings)

11/13/2018: Minute Order - Minute Order (Ex-Parte Proceedings)

CASE MANAGEMENT STATEMENT -

1/29/2018: CASE MANAGEMENT STATEMENT -

Minute Order -

1/31/2018: Minute Order -

NOTICE OF CASE MANAGEMENT CONFERENCE

11/9/2017: NOTICE OF CASE MANAGEMENT CONFERENCE

CASE MANAGEMENT STATEMENT -

11/30/2017: CASE MANAGEMENT STATEMENT -

PROOF OF SERVICE OF NOTICE OF CASE MANAGEMENT CONFERENCE

11/30/2017: PROOF OF SERVICE OF NOTICE OF CASE MANAGEMENT CONFERENCE

ANSWER OF IRMA HERNANDEZ TO PLAINTIFF'S COMPLAINT

10/2/2017: ANSWER OF IRMA HERNANDEZ TO PLAINTIFF'S COMPLAINT

ORDER ON COURT FEE WAIVER -

8/14/2017: ORDER ON COURT FEE WAIVER -

COMPLAINT FOR AN ACCOUNTING, DAMAGES FOR ELDER ABUSE- AND BREACH OF FIDUCIARY DUTY

8/14/2017: COMPLAINT FOR AN ACCOUNTING, DAMAGES FOR ELDER ABUSE- AND BREACH OF FIDUCIARY DUTY

SUMMONS -

8/14/2017: SUMMONS -

6 More Documents Available

 

Docket Entries

  • 05/01/2019
  • Docketat 08:30 AM in Department 36, Gregory W. Alarcon, Presiding; Non-Jury Trial - Not Held - Continued - Stipulation

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  • 05/01/2019
  • DocketMinute Order ( (Non-Jury Trial)); Filed by Clerk

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  • 04/30/2019
  • DocketApplication ( for Trial Continuance); Filed by Irma Hernandez (Defendant)

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  • 02/26/2019
  • Docketat 08:33 AM in Department 36, Gregory W. Alarcon, Presiding; (Trial) - Held - Continued

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  • 02/06/2019
  • Docketat 08:32 AM in Department 36, Gregory W. Alarcon, Presiding; Final Status Conference - Held

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  • 02/06/2019
  • DocketMinute Order ( (Final Status Conference)); Filed by Clerk

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  • 02/05/2019
  • DocketDeclaration (Re: Final Status Conference); Filed by Tommy Yrigollen (Plaintiff)

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  • 01/22/2019
  • DocketNotice of Ruling; Filed by Tommy Yrigollen (Plaintiff)

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  • 12/04/2018
  • Docketat 08:33 AM in Department 36, Gregory W. Alarcon, Presiding; Trial - Not Held - Continued - Stipulation

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  • 11/19/2018
  • DocketNotice of Ruling

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11 More Docket Entries
  • 11/30/2017
  • DocketPROOF OF SERVICE OF NOTICE OF CASE MANAGEMENT CONFERENCE

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  • 11/30/2017
  • DocketProof of Service (not Summons and Complaint); Filed by Plaintiff/Petitioner

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  • 11/09/2017
  • DocketNotice of Case Management Conference; Filed by Clerk

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  • 11/09/2017
  • DocketNOTICE OF CASE MANAGEMENT CONFERENCE

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  • 10/02/2017
  • DocketANSWER OF IRMA HERNANDEZ TO PLAINTIFF'S COMPLAINT

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  • 10/02/2017
  • DocketAnswer; Filed by Defendant/Respondent

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  • 08/14/2017
  • DocketORDER ON COURT FEE WAIVER

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  • 08/14/2017
  • DocketCOMPLAINT FOR AN ACCOUNTING, DAMAGES FOR ELDER ABUSE- AND BREACH OF FIDUCIARY DUTY

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  • 08/14/2017
  • DocketComplaint; Filed by Tommy Yrigollen (Plaintiff)

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  • 08/14/2017
  • DocketSUMMONS

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Tentative Rulings

Case Number: BC672127    Hearing Date: April 5, 2021    Dept: 36

 

 

 

 

Superior Court of California

County of Los Angeles

Department 36

TOMMY YRIGOLLEN,

Plaintiff,

v.

IRMA HERNANDEZ and DOES 1-50, inclusive,

Defendants.

Case No.: BC672127

Hearing Date: 4/5/2021

[TENTATIVE] RULING RE: Motion for Leave to File First Amended Complaint

The motion is denied without prejudice.

Leave to File Amended Complaint

On November 12, 2020, at the prior hearing on this motion for leave to file a first amended complaint, the court’s tentative ruling continued the hearing and ordered the moving party to submit a declaration pursuant to CCP § 377.32 within 15 days of the hearing. Both sides submitted on the tentative ruling, which became the ruling of the court.

On January 11, 2021, Plaintiff’s counsel submitted a declaration attesting to having inadvertently calendared the matter for February 12, 2021, and requesting continuance. (See Sanders Decl. ¶ 2.) On January 12, 2021, the hearing was continued to April 5, 2021.

Still no declaration has been subsequently submitted. As such, the moving party has not satisfied the requirements of Code of Civil Procedure, section 377.32 to substitute a successor party in interest, as addressed in this court’s prior ruling.

Accordingly, the motion is denied without prejudice.

Dated: ____________________________

Gregory Alarcon

Superior Court Judge

Case Number: BC672127    Hearing Date: January 12, 2021    Dept: 36

 

Superior Court of California

County of Los Angeles

Department 36

TOMMY YRIGOLLEN,

Plaintiff,

v.

IRMA HERNANDEZ and DOES 1-50, inclusive,

Defendants.

Case No.: BC672127

Hearing Date: 1/12/2021

[TENTATIVE] RULING RE: Motion for Leave to File First Amended Complaint

The motion is denied without prejudice.

Leave to File Amended Complaint

On November 12, 2020, at the prior hearing on this motion for leave to file a first amended complaint, the court’s tentative ruling continued the hearing and ordered the moving party to submit a declaration pursuant to CCP § 377.32 within 15 days of the hearing. Both sides submitted on the tentative ruling, which became the ruling of the court.

No declaration was subsequently submitted. As such, the moving party has not satisfied the requirements of Code of Civil Procedure, section 377.32 to substitute a successor party in interest, as addressed in this court’s prior ruling.

Accordingly, the motion is denied without prejudice.

Dated: ____________________________

Gregory Alarcon

Superior Court Judge

Case Number: BC672127    Hearing Date: November 12, 2020    Dept: 36

Superior Court of California

County of Los Angeles

Department 36

TOMMY YRIGOLLEN,

Plaintiff,

v.

IRMA HERNANDEZ and DOES 1-50, inclusive,

Defendants.

Case No.: BC672127

Hearing Date: 11/12/2020

[TENTATIVE] RULING RE: Motion for Leave to File First Amended Complaint

The motion is continued to 01/12/21 at 8:30 am.

Moving party is to submit a declaration pursuant to CCP § 377.32 within 15 days.

Case Background

On August 14, 2017 Plaintiff Tommy Yrigollen commenced this action against Defendant Irma Hernandez and Does, for: (1) Accounting. (2) Elder Abuse. (3) Breach of Fiduciary Duty.

Following several continuances to the Final Status Conference and Trial, Plaintiff filed a Notice of Death indicating the death of Plaintiff Tommy Yrigollen on December 30, 2019.

On March 11, 2020, at a Final Status Conference, Counsel informed the court of the death of the Defendant, Irma Hernandez. The court ordered Counsel to amend the Defendant within 30 days. No amendment has yet been received.

On September 8, 2020, the Final Status Conference and Non-Jury Trial were advanced and vacated, and the court set a Trial Setting Conference for November 12, 2020.

On September 8, 2020 Plaintiff’s Counsel filed this motion to substitute Frank Salcido, III as Trustee of the Tommy F. Yrigollen Trust as Plaintiff in this action, following the death of Plaintiff Tommy F. Yrigollen on December 19, 2019.

Leave to File Amended Complaint

The moving party essentially seeks substitution of a successor party in interest for the Plaintiff in this action, who is deceased, pursuant to CCP sections 377.20 and 377.31.

The motion is unopposed.

Substitution of a successor-in-interest for a decedent is governed by Code of Civil Procedure, sections 377.30, et seq. “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.” (CCP § 377.30.) “All causes of action survive death except as otherwise provided by statute.” (CCP § 377.20.) “On 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.” (CCP § 377.31.) “The court in which an action is commenced or continued under this article may make any order concerning parties that is appropriate to ensure proper administration of justice in the case, including appointment of the decedent's successor in interest as a special administrator or guardian ad litem.” (CCP § 377.33.) 

There is no argument in this unopposed motion that the action does not survive the Plaintiff’s death.

Code of Civil Procedure section 377.32 sets forth the requirements for such a motion:

(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.)  

Frank Salcido, III as Successor Trustee to the Tommy F. Yrigollen Trust. The Affidavit thus does not satisfy the requirements of CCP § 377.32(a). The affidavit furthermore does not include all of the information required under CCP § 377.32(a). (See Sanders Decl. ¶¶ 1-4.)

In addition, the motion does not include a certified copy of the decedent’s death certificate. (CCP § 377.32(c).)

Accordingly, the moving party is ordered to submit an affidavit from the successor in interest that satisfies the requirements of CCP § 377.32(a), and a certified copy of the Plaintiff decedent’s death certificate. (CCP § 377.32(c).

The court continues the hearing to permit the moving party to correct these deficiencies.

Dated: ____________________________

Gregory Alarcon

Superior Court Judge

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