Motion to substitute Mark S. Mingelgreen successor trustee in place of deceased plaintiff, Aubrey Balkind
202200564420CUBC: Aubrey Balkind vs. General Motors LLC 07/08/2026 in Department 44 Motion TO SUBSTITUTE MARK S. MINGELGREEN SUCCESSOR TRUSTEE IN PLACE OF DECEASED PLAINTIFF, AUBREY BALKIND
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Motion: Plaintiffs Motion to Substitute Mark Mingelgreen as Successor Trustee in Place of Deceased Plaintiff, Aubrey Balkind Tentative Ruling: The Motion is DENIED without prejudice. Plaintiff, Aubrey Balkind (Plaintiff), filed this action on April 6, 2022. On May 15, 2025, Plaintiff died. Mr. Mark S. Mingelgreen filed a declaration in support of the Motion, to which he has attached both Plaintiffs trust that names him as successor trustee, and Plaintiff's death certificate. (Mingelgreen Decl., ¶¶ 1-8, Exhs. 1-2.)
Under Plaintiffs declaration of trust, Plaintiff was the original trustee, and Mr. Mingelgreen is the successor trustee. (Mingelgreen Decl., ¶ 5, Exh. 2, pp. 1-2.) Mr. Mingelgreen is not a beneficiary of the trust, nor is Mr. Mingelgreens relationship to Plaintiff in evidence. (Id. at pp. 9-16.) Rather, the beneficiaries of the trust are Devin Balkind if he survives Plaintiff, or if Mr. Balkind does not survive Plaintiff, divided equally among Cilliers Blaschke and a charity, the Sane Living Foundation. (Id. at pp. 9-10.)
The attorneys for Plaintiff filed a Notice of Motion and Motion to Substitute Mark S. Mingelgreen Successor Trustee in Place of Deceased Plaintiff, Aubrey Balkind.
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202200564420CUBC: Aubrey Balkind vs. General Motors LLC
Code of Civil Procedure, section 377.31 provides for continuation of a cause of action when the plaintiff dies during the pendency of the lawsuit. (Adams v. Superior Court (2011) 196 Cal.App.4th 71, 79.) The judge shall allow the proceedings to continue by the decedent's personal representative, or if there is none, by the decedent's successor in interest. (Code Civ. Proc. § 377.20.) Code of Civil Procedure section 377.11 defines decedent's successor in interest as 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 is the subject of the cause of action. The definition of personal representative under Probate Code section 58 does not include a trustee or a successor trustee.
Accordingly, Mr. Migelgreen is neither a personal representative, nor a successor in interest to Plaintiff as it is defined under Code of Civil Procedure section 377.11 or Probate Code section 58. Rather, Mr. Mingelgreen is a successor trustee to Plaintiff who is not a beneficiary of her estate. Thus, Mr. Mingelgreen is not a person contemplated to continue this action under Code of Civil Procedure section 377.31. Plaintiff shall give notice.
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