Motion To Abate Wrongful Death Claims/Cause Of Action By Defendants Ezekiel Volkert, M.D. And John P. Tran, D.O.
Set for Law and Motion/Discovery Calendar on Friday, July 24, 2026, Line 8. 1 - DEFENDANT EZEKIEL VOLKERT, JOHN TRAN Motion To Abate Wrongful Death Claims/Cause Of Action By Defendants Ezekiel Volkert, M.D. And John P. Tran, D.O.
Defendants Ezekial Volkert and John Tran's motion to abate wrongful death claims is granted. All wrongful death claims are abated until one of the following occurs: 1) all of Dr. Williams' children are named as either plaintiffs or nominal defendants and make an appearance in this case or it is shown to the satisfaction of the court that, after diligent efforts, no contact information can be ascertained for the children of Dr. Williams who have not appeared in the case; or 2 a personal representative of Dr. Williams' estate on behalf of all of his heirs substitutes in as the plaintiff for all wrongful death claims.
Ellen Williams' apparent refusal to make efforts to learn the whereabouts of Dr. Williams' children and her decision not to attempt to adhere to the longstanding requirements for wrongful death cases are not excused by her belief, no matter how sincerely held, that none of Dr. Williams' children are his "rightful" heirs. Nor is Ms. Williams' acceptance of liability from Dr. Williams' children a permissible ground to avoid the mandatory joinder of all heirs. Because the discovery rule could extend the statute of limitations deadline for wrongful death claims, Ms. Williams' belated argument that any wrongful death claim by any of Dr. Williams' children is also not a basis to relieve Ms. Williams from complying with the requirements for wrongful death claims.
For the 9:00 a.m. calendar, all attorneys and parties may appear in Department 302 remotely or in person. Remote hearings will be conducted by videoconference using Zoom. (Dept. 302 Zoom ID 160 409 7690; Passcode 516287.) To appear remotely at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services," navigate to "Tentative Rulings," and click on the appropriate link, or dial the corresponding phone number.
Any party who contests a tentative ruling must send an email to contestdept302tr@sftc.org with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number. The text of the email shall include the name and contact information, including email address, of the attorney or party who will appear at the hearing.
Counsel for the prevailing party is required to prepare a proposed order which repeats verbatim the substantive portion of the tentative ruling and must email it to contestdept302tr@sftc.org prior to the hearing even if the tentative ruling is not contested.
The court no longer provides a court reporter in the Law & Motion Department. Parties may retain their own reporter, who may appear in the courtroom or remotely. A retained reporter must be a California certified court reporter (CSR), for only a CSR's transcript may be used in California courts. If a CSR is being retained, include in your email all of the following: their name, CSR and telephone numbers, and their individual work email address. =(302/HEK) | |
Looking for case law or statutes not cited here? Search published authorities
Examples: “Why did the court rule this way?” · “What were the procedural grounds?” · “Is appearance required?”