Motion for Continuance of Action by Successor of Interest
24CV021501: TAMBURO vs WHITNEY OAKS CARE CENTER - CARMICHAEL, et al. 12/23/2025 Hearing on Motion - Other for Continuance of Action by Successor of Interest of Plaintiff's Estate in Department 54
Tentative Ruling
Plaintiff Christopher Tamburos (Plaintiff) motion for continuance of action by successor in interest of Plaintiffs estate is unopposed, but is DENIED without prejudice.
Plaintiff passed away on December 12, 2024. His brother, Bryan Theodore (Theodore) seeks to continue the action pursuant to Code of Civil Procedure section 377.31.[1]
Section 377.31 provides that [o]n 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 decedents personal representative or, if none, by the decedents successor in interest.
Section 377.32(a) requires an affidavit by the person who seeks to continue the action as the decedents successor in interest to execute an affidavit or a declaration under penalty of perjury under the laws of this state, which states, in relevant part:
[¶]
(5) Either of the following, as appropriate, with facts in support thereof:
(A) The affiant or declarant is the decedents successor in interest (as defined in Section 377.11 of the California Code of Civil Procedure) and succeeds to the decedents interest in the action or proceeding.
(B) The affiant or declarant is authorized to act on behalf of the decedents successor in interest (as defined in Section 377.11 of the California Code of Civil Procedure) with respect to the decedents 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.
(Section 377.32(a)(5), (a)(6).)
In the case at bar, Theodores declaration states, in part:
6. I am further informed and believe that I am Christopher Tamburos successor in interest (as defined in Section 377.11 of the California Code of Civil Procedure) and succeed to Christopher Tamburos interest in this action.
7. To my knowledge, no other person has a superior right to commence this action.
24CV021501: TAMBURO vs WHITNEY OAKS CARE CENTER - CARMICHAEL, et al. 12/23/2025 Hearing on Motion - Other for Continuance of Action by Successor of Interest of Plaintiff's Estate in Department 54
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(Motion, Ex. A, Declaration of Bryan Theodore, ¶¶ 6-7 (italics added).)
Theodores use of terms informed and believe and to my knowledge does not comply with Section 377.32 which requires unequivocal statements.
Accordingly, the motion is DENIED without prejudice.
This minute order is effective immediately. No formal order or other notice is required. (Code Civ. Proc. §1019.5; CRC Rule 3.1312.)
[1] Unless otherwise indicated, all further statutory references are to the Code of Civil Procedure.
NOTICE:
Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure:
To request limited oral argument, on any matter on this calendar, you must call the Law and Motion Oral Argument Request Line at (916) 874-2615 by 4:00 p.m. the Court day before the hearing and advise opposing counsel. At the time of requesting oral argument, the requesting party shall leave a voice mail message: a) identifying themselves as the party requesting oral argument; b) indicating the specific matter/motion for which they are requesting oral argument; and c) confirming that it has notified the opposing party of its intention to appear and that opposing party may appear via Zoom using the Zoom link and Meeting ID indicated below. If no request for oral argument is made, the tentative ruling becomes the final order of the Court.
Unless ordered to appear in person by the Court, parties may appear remotely either telephonically or by video conference via the Zoom video/audio conference platform with notice to the Court and all other parties in accordance with Code of Civil Procedure 367.75. Although remote participation is not required, the Court will presume all parties are appearing remotely for non-evidentiary civil hearings.
The Department 53/54 Zoom Link is https://saccourt-ca-gov.zoomgov.com/my/sscdept53.54 and the Zoom Meeting ID is 161 4650 6749. To appear on Zoom telephonically, call (833) 568-8864 and enter the Zoom Meeting ID referenced above. NO COURTCALL APPEARANCES WILL BE ACCEPTED.
SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO
24CV021501: TAMBURO vs WHITNEY OAKS CARE CENTER - CARMICHAEL, et al. 12/23/2025 Hearing on Motion - Other for Continuance of Action by Successor of Interest of Plaintiff's Estate in Department 54
Parties requesting services of a court reporter will need to arrange for private court reporter services at their own expense, pursuant to Government code §68086 and California Rules of Court, Rule 2.956. Requirements for requesting a court reporter are listed in the Policy for Official Reporter Pro Tempore available on the Sacramento Superior Court website at https://www.saccourt.ca.gov/court-reporters/docs/crtrp-6a.pdf. Parties may contact Court- Approved Official Reporters Pro Tempore by utilizing the list of Court Approved Official Reporters Pro Tempore available at https://www.saccourt.ca.gov/court-reporters/docs/crtrp- 13.Pdf
A Stipulation and Appointment of Official Reporter Pro Tempore (CV/E-206) is required to be signed by each party, the private court reporter, and the Judge prior to the hearing, if not using a reporter from the Courts Approved Official Reporter Pro Tempore list.
Once the form is signed it must be filed with the clerk. If a litigant has been granted a fee waiver and requests a court reporter, the party must submit a Request for Court Reporter by a Party with a Fee Waiver (CV/E-211) and it must be filed with the clerk at least 10 days prior to the hearing or at the time the proceeding is scheduled if less than 10 days away. Once approved, the clerk will be forward the form to the Court Reporters Office and an official reporter will be provided.