KATA vs SAFEWAY INC., et al.

24CV103236: KATA vs SAFEWAY INC., et al. 08/20/2026 Hearing on Motion - Other MOTION TO PERMIT ACTION TO BE CONTINUED BY DECEDENT’S SUCCESSOR-IN-INTEREST; filed by Mariama Kata (Plaintiff) CRS# 123253710534 in Department 518

Tentative Ruling - 08/17/2026 Mark Fickes

The Motion re: MOTION TO PERMIT ACTION TO BE CONTINUED BY DECEDENTS SUCCESSOR-IN-INTEREST filed by Mariama Kata on 07/28/2026 is Granted.

Background

On December 16, 2024, Plaintiff Mariama Kata filed a complaint for three causes of action including negligence, premises liability, and violation of Unruh Civil Right Act against Defendants Safeway, Inc. and Car Corral Hollow LLC, related to a fall that occurred while plaintiff was returning to her car lawfully parked in the accessible parking space outside the Safeway located at 1801 W. 11th Street, Tracy, California.

On March 12, 2026, Counsel for Plaintiffs filed a notice of death of the plaintiff and requested a stay of proceedings.

On July 23, 2026, Counsel for Plaintiff filed a motion to permit the action be continued by decedent’s successor-in-interest.

This motion is unopposed.

Legal Standard

“A cause of action that survives the death of the person entitled to commence an action or proceeding passes to the decedent's successor in interest and an action may be commenced by the decedent's personal representatives or, if none, by the decedent's successor in interest.” (CCP §377.30.) After the death of a Plaintiff, the Court, on motion, shall allow a pending action that does not abate to be continued by the decedent's personal representative or successor-in-interest. (CCP §377.31.)

The person who seeks to commence or continue a pending action as the decedent's successor-ininterest shall execute and file an affidavit or declaration that includes (1) the decedent's name; (2) the date and place of decedent's death; (3) “No proceeding is now pending in California for administration of the decedent's estate”; (4) a copy of the final order showing the distribution of the decedent's cause of action to the successor-in-interest, if the decedent's estate was administered; (5) either the declarant is the decedent's successor-in-interest or the declarant is authorized to act on behalf of the decedent's successor-in-interest, with facts in support thereof; (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”; and (7) that the statements are true, under penalty of perjury. (CCP §377.32 (a).) The affidavit or declaration must attach a 24CV103236: KATA vs SAFEWAY INC., et al. 08/20/2026 Hearing on Motion - Other MOTION TO PERMIT ACTION TO BE CONTINUED BY DECEDENT’S SUCCESSOR-IN-INTEREST; filed by Mariama Kata (Plaintiff) CRS# 123253710534 in Department 518 certified copy of the decedent's death certificate. (CCP § 377.32 (c).)

Discussion

John R. Terrell III, Plaintiff’s son, declares that Plaintiff Mariama Kata passed away on November 26, 2025, at approximately 10:00 a.m., at Kaiser Foundation Hospital, 1425 S. Main Street, Walnut Creek, Contra Costa County, California. (Terrell Decl. ¶3.) He declares that there is no proceeding pending in California for the administration of the Plaintiff's estate. (Id. at ¶5.) As the Plaintiff's son, he declares that he is the successor-in-interest under Code of Civil Procedure §377.11. (Id. at ¶6.) He states, “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.” (Id. at ¶7.) He declares that his statements are true under penalty of perjury. A certified copy of the death certificate is attached to his declaration as required by statute. (Terrell Decl., Exhibit A.)

Accordingly, the Court finds that the requirements of CCP § 377.32 have been met. The unopposed motion to permit the action to be continued by decedent’s successor-in-interest, John R. Terrel III, is GRANTED.

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PLEASE NOTE: Pursuant to California Rule of Court 3.1308, subdivision (a)(1), this tentative ruling will become the order of the Court unless it is contested before 4:00 PM on the court day preceding the noticed hearing.

To contest a tentative ruling, a party should do the following:

First, the party must notify Department 518, by email at Dept518@alameda.courts.ca.gov and copy all counsel of record and self-represented parties. The contesting party must state in the subject line of the email the case name, case number and motion.

Second, the party shall log into the eCourt Public Portal, search for this case (e.g., by case number), select the case name, select the "Tentative Rulings" tab, click the "Click to Contest this Ruling" button, enter the party's name and a brief statement of the party's reason for contesting the tentative, and click "Proceed."

Please note the Court does not permit remote appearances for motions for summary judgment that are contested. If you contest a Motion for Summary Judgment, you must appear in person.

SUPERIOR COURT OF CALIFORNIA COUNTY OF ALAMEDA

24CV103236: KATA vs SAFEWAY INC., et al. 08/20/2026 Hearing on Motion - Other MOTION TO PERMIT ACTION TO BE CONTINUED BY DECEDENT’S SUCCESSOR-IN-INTEREST; filed by Mariama Kata (Plaintiff) CRS# 123253710534 in Department 518 For all other motions (unless otherwise noted in the tentative ruling), Parties may appear via videoconference, using the Zoom.com website or application. TO CONNECT TO ZOOM: Department 518 is inviting you to a scheduled ZoomGov meeting.

Topic: Department 518's Personal Meeting Room

Join ZoomGov Meeting https://alameda-courts-ca-gov.zoomgov.com/j/16054307984

Meeting ID: 160 5430 7984

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