Plaintiff’s Motion to Continue Pending Action in the Name of Decedent’s Successor in Interest
(03) Tentative Ruling
Re: Rodriguez v. Nazarikangarlu Case No. 18CECG03131
Hearing Date: June 18, 2026 (Dept. 502)
Motion: Plaintiff’s Motion to Continue Pending Action in the Name of Decedent’s Successor in Interest
If oral argument is timely requested, it will be entertained on Thursday, June 25, 2026, at 3:30 p.m. in Department 502.
Tentative Ruling:
To grant plaintiff’s motion to continue the action in the name of decedent’s successor in interest, Paulean Macias. (Code Civ. Proc., §§ 377.31, 377.32.) To take the October 12, 2026 trial date off calendar. To calendar a trial setting conference on October 12, 2026 at 3:30 p.m. in Department 502.
Explanation:
“Except as otherwise provided by statute, a cause of action for or against a person is not lost by reason of the person's death, but survives subject to the applicable limitations period.” (Code Civ. Proc., § 377.20, subd. (a).) Also, “A pending action or proceeding does not abate by the death of a party if the cause of action survives.” (Code Civ. Proc., § 377.21.)
However, in order to prosecute the causes of action, another person must be substituted into the action in place of the deceased plaintiff. “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.” (Code Civ. Proc., § 377.31.) “For the purposes of this chapter, ‘decedent's successor in interest’ means 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.
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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.” ... (c) A certified copy of the decedent's death certificate shall be attached to the affidavit or declaration. (Code Civ.
Proc. 377.32.) “Because a trial cannot proceed without adverse parties, judgment cannot be given for or against a decedent, or for or against the decedent’s personal representative, until the personal representative has been made a party by substitution.” (4 Witkin, Cal. Procedure, Pleading (5th ed. 2008) § 259, p. 334.)
Here, plaintiff died on October 10, 2025. Therefore, while her pending case may continue, a successor in interest must be appointed to prosecute the case in place of the decedent plaintiff. Plaintiff’s successor in interest, Paulean Macias, has complied with the requirements of section 377.32 by submitting a declaration that provides the information required under the statute as well as a certified copy of plaintiff’s death certificate. Therefore, the court intends to grant the motion to allow the action to continue to be prosecuted by the decedent’s successor in interest.
Finally, the court intends to vacate the trial date of October 12, 2026 and set a date to discuss setting a new trial date. As defendant Dr. Dhawan states, the case has been substantially delayed due to the appeal, plaintiff’s death, and the need to bring the motion to substitute a successor in interest to continue prosecuting the case. Therefore, it does not appear that the case is ready to go to trial in October. Instead, the court will vacate the trial date and calendar a trial setting conference to discuss setting a new trial date.
Pursuant to California Rules of Court, rule 3.1312(a), and Code of Civil Procedure section 1019.5, subdivision (a), no further written order is necessary. The minute order adopting this tentative ruling will serve as the order of the court and service by the clerk will constitute notice of the order.
Tentative Ruling
Issued By: lmg on 6-17-26. (Judge’s initials) (Date)
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