Robert Jantzen vs. Hia Xia Lee

34-2022-00327207-CU-OR-GDS: Robert Jantzen vs. Hia Xia Lee 06/12/2025 Hearing on Motion - Other to Substitute the Plf with Personal Representative in Interest Following Death in Department 53

Tentative Ruling

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34-2022-00327207-CU-OR-GDS: Robert Jantzen vs. Hia Xia Lee 06/12/2025 Hearing on Motion - Other to Substitute the Plf with Personal Representative in Interest Following Death in Department 53

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 Reporter’s Office and an official reporter will be provided.

TENTATIVE RULING: Plaintiff’s unopposed motion to substitute Shawna Turkins as Plaintiff in her capacity as successor in interest is granted.

This action was originally commenced by Plaintiff Robert Janzen. Robert Janzen passed away on February 16, 2025. Shawna Turkins is the executor of Robert Janzen’s estate and has been appointed the personal representative of his estate, She now seeks an order allowing her to continue the pending action as Plaintiff’s personal representative.

“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.” (CCP § 377.31.)

The Court notes that after this Court addressed (and denied) on April 3, 2025, the ex parte application filed by Plaintiff, Plaintiff has filed an amended declaration supporting this motion. In this amended declaration, Turkins has attached the Court order appointing her as the personal representative of Plaintiff’s estate. (Turkins Supp. Decl. Exhs. 1, 2.) Thus, it is now clear to this Court that Turkins is entitled to continue this action as Plaintiff’s appointed personal representative.

No opposition to the motion was filed. A party’s failure to oppose a motion is construed as a concession on the merits of the motion. (See D.I. Chadbourne, Inc. v. Superior Court (1964) 60 Cal.2d 723, 728, n.4.)

The motion is granted.

The minute order is effective immediately. No formal order pursuant to CRC Rule 3.1312 or further notice is required.