Hamoy v. Alkobadi

(49) Tentative Ruling

Re: Hamoy v. Alkobadi Superior Court Case No. 25CECG04785

Hearing Date: July 29, 2026 (Dept. 501)

Motion: By Plaintiffs to Substitute Christine Calderon as Successor in Interest after the Death of Plaintiff Frank Calderon

If oral argument is timely requested, it will be entertained on Thursday, July 30, 2026, at 3:00 p.m. in Department 501.

Tentative Ruling:

To deny, without prejudice. (Code. Civ. Proc., § 377.32, subd. (c).)

Explanation:

Plaintiff Christine Calderon (“Plaintiff”) moves to have Plaintiff substituted in as successor in interest to plaintiff Frank Calderon due to the death of Frank Calderon under Code of Civil Procedure section 377.31.

Code of Civil Procedure section 377.31 states, “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 of Civil Procedure section 377.32 states in pertinent part, “(a) The person who seeks...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...(c) A certified copy of the decedent’s death certificate shall be attached to the affidavit or declaration.”

Plaintiff fails to attach a copy of Frank Calderon’s death certificate to the submitted declaration as required by Code of Civil Procedure section 377.32, subdivision (c). Plaintiff provides a factual explanation why Plaintiff is unable to acquire a copy of Frank Calderon’s death certificate at this time. (Christine Calderon Decl., ¶¶ 5-9) However, the death certificate is a statutory requirement of Code of Civil procedure section 377.32, subdivision (c). Accordingly, the motion is denied without prejudice.

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