Motion for Order for Continuance of Action by Successor of Interest of Plaintiff’s Estate
24CV021501: TAMBURO vs WHITNEY OAKS CARE CENTER - CARMICHAEL, et al. 08/13/2026 Hearing on Motion for Order for Continuance of Action by Successor of Interest of Plaintiff's Estate in Department 16C
Tentative Ruling
The motion to substitute successor in interest for deceased plaintiff Christopher Tamburo (Decedent) pursuant to Code of Civil Procedure 377.31 is UNOPPOSED and GRANTED.
Decedent and plaintiff Christopher Tamburo filed this action on October 22, 2024, alleging causes of action for premises liability and general negligence. Decedent passed away on December 12, 2024, and is survived by his brother, Bryan Theodore, who seeks to continue this action as the successor-in-interest to Decedents estate. (Declaration of Bryan Theodore (Theodore Decl.), ¶¶ 1, 6-7.)
Mr. Theodore has complied with Code of Civil Procedure section 377.32 by submitting his declaration, which states that he is Decedents brother and the successor-in-interest and that no other person has as superior right to commence this action. (Theodore Decl., ¶¶ 1, 6-7.)
Because the original plaintiff died, Mr. Theodore is authorized to continue the action as Decedents successor-in-interest. (Code Civ. Proc. § 377.31.) 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.)
The motion is GRANTED.
Mr. Theodore shall file and serve a First Amended Complaint on or before August 27, 2026, substituting in for Decedent as successor-in-interest.
The minute order is effective immediately. No formal order pursuant to California Rules of Court, Rule 3.1312, or further notice is required.
NOTICE:
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?”
24CV021501: TAMBURO vs WHITNEY OAKS CARE CENTER - CARMICHAEL, et al. 08/13/2026 Hearing on Motion for Order for Continuance of Action by Successor of Interest of Plaintiff's Estate in Department 16C
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 Department 16C Oral Argument Request Line at (916) 874-1475 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 16C Zoom Link is https://saccourt-ca-gov.zoomgov.com/j/16030877014 and the Zoom Meeting ID is 160 3087 7014. To appear on Zoom telephonically, call (833) 568-8864 and enter the Zoom Meeting ID referenced above. NO COURTCALL APPEARANCES WILL BE ACCEPTED.
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 on the Court Reporter Services webpage available on the Sacramento Superior Court website at https://saccourt.ca.gov/general-information/court-reporter-services-transcripts. Parties may contact Court- Approved Official Reporters Pro Tempore by utilizing the list of Court Approved Official Reporters Pro Tempore available at https://saccourt.ca.gov/home/showpublisheddocument/227/639084034465370000.
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
SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO
24CV021501: TAMBURO vs WHITNEY OAKS CARE CENTER - CARMICHAEL, et al. 08/13/2026 Hearing on Motion for Order for Continuance of Action by Successor of Interest of Plaintiff's Estate in Department 16C
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 forward the form to the Court Reporters Office and an official reporter will be provided.
*** EFFECTIVE APRIL 13, 2026, THIS DEPARTMENT HAS MOVED TO THE TANI G. CANTIL- SAKAUYE COURTHOUSE LOCATED AT 500 G STREET IN SACRAMENTO, CA 95814. ALL HEARINGS NOTICED FOR DEPARTMENT 54 WILL BE HEARD IN DEPARTMENT 16C OF THE NEW COURTHOUSE. ***