Vazquez, et al. v. 7th & Whitmer, L.P., et al.

(Stanley Mosk Courthouse: Dept. 512) September 3, 2026 DEPARTMENT 512 LAW AND MOTION RULINGS Effective May 4, 2026: Judge Karine Mkrtchyan Presiding

Tentative Rulings are posted before the hearing. If you desire to submit on the tentative ruling, you may do so by e-mailing Dept. 512 (formerly Dept. 54) at the Stanley Mosk Courthouse up until the morning of the motion hearing. The e-mail address is [email protected] . The heading on your e-mail must contain the case name, number, hearing date, and that you submit. The message should indicate your name, contact information, and the party you represent. The party submitting to the tentative must include to the e-mail all other counsel (or party if self-represented) to the action.

Please note that if a party fails to appear at a law and motion hearing without having given notice under California Rules of Court, rule 3.1204, subd. (c), the court may take the matter off calendar, to be reset only upon motion, or may rule on the matter. If only one party has submitted, the Court may still hear the motion at the hearing or adopt the tentative ruling. Please note that the above e-mail address is ONLY to inform the court of your submission on the tentative ruling. All other inquiries will not receive a response.

September 3, 2026 JUDGE /DEPT: Mkrtchyan/512 CASE NAME: Vazquez, et al. v. 7th & Whitmer, L.P., et al. CASE NUMBER: 25STCV13347 NOTICE: OK PROCEEDINGS: MOTION TO SUBSTITUTE SUCCESSOR IN INTEREST FOR DECEASED PLAINTIFF DONALD TRAHAN MOVING PARTY: Plaintiffs Nereida Vazquez, Ryan Cranford, Kassandra Montes, Cindy Fernandez, Florencia Duran, Joseph McMenimen, Alula Tsadik, Shana Hauanio, Alisha Lucero, Rachel Botello, Samantha Martinez, Yui Loui, Debra Matters, Joanne Sullivan, Amanda "Anthony" Padilla, Donald Trahan, Andrew Amer, Stephen Guzman, Virginia Narvaez, Richard Mclay, Deshawn Lawrence, Adam Collras, and Susan Hall RESP. PARTY: None MOTION TO SUBSTITUTE SUCCESSOR IN INTEREST (Code Civ. Proc., Sec. 377.31)

TENTATIVE RULING: Plaintiffs Nereida Vazquez, Ryan Cranford, Kassandra Montes, Cindy Fernandez, Florencia Duran, Joseph McMenimen, Alula Tsadik, Shana Hauanio, Alisha Lucero, Rachel Botello, Samantha Martinez, Yui Loui, Debra Matters, Joanne Sullivan, Amanda "Anthony" Padilla, Donald Trahan, Andrew Amer, Stephen Guzman, Virginia Narvaez, Richard Mclay, Deshawn Lawrence, Adam Collras, and Susan Hall's Motion to Substitute Successor in Interest for Deceased Plaintiff Donald Trahan is GRANTED. Donnette Jean Trahan is substituted in as a Plaintiff in this action in place of deceased Plaintiff Donald Trahan.

Furthermore, the Court notes that previously the Court granted Plaintiffs' Motion for Leave to File a FAC and Deem the Attached FAC Filed on 4/1/26. However, the FAC must be filed separately to be reflected on the Court's docket. Based thereon, the Court orders that the FAC be filed within 10 days of this order. Moving party is ordered to give notice.

SERVICE: [X] Proof of Service Timely Filed (CRC, rule 3.1300) OK [X] Correct Address (CCP Sec.Sec. 1013, 1013a) OK [X] 16/21 Court Days Lapsed (CCP Sec.Sec. 12c, 1005(b)) OK

OPPOSITION: None filed as of September 1, 2026 [] Late [X] None

REPLY: None filed as of September 1, 2026 [] Late [X] None

ANALYSIS: I.

Background

On May 7, 2025, Plaintiffs Nereida Vazquez, Ryan Cranford, Kassandra Montes, Cindy Fernandez, Florencia Duran, Joseph McMenimen, Alula Tsadik, Shana Hauanio, Alisha Lucero, Rachel Botello, Samantha Martinez, Yui Loui, Debra Matters, Joanne Sullivan, Amanda "Anthony" Padilla, Donald Trahan, Andrew Amer, Stephen Guzman, Virginia Narvaez, Richard Mclay, Deshawn Lawrence, Adam Collras, and Susan Hall ("Plaintiffs") initiated this action against Defendant 7th & Whitmer, L.P.; FPI Management, Inc.; Vista West Properties, Inc.; Trillium Property Management, Inc.; and St. Joseph Center ("Defendants") and Does 1-20.

On July 13, 2026, Plaintiffs filed the instant Motion to Substitute Successor in Interest for Deceased Plaintiff Donald Trahan (the "Motion"). On August 5, 2026, the Court granted the parties' Joint Stipulation and Order to Advance Hearing Date on Plaintiffs' Motion. (8/5/26 Stip. & Order.) To date, no Opposition to the Motion has been filed.

II. Legal Standard & Discussion

The Motion states that Plaintiff Donald Trahan ("Decedent") passed away on March 8, 2026, and Donnette Jean Trahan ("Trahan") is Decedent's daughter and successor in interest and moves to substitute in as a plaintiff in this action. (Motion, pp. 2-4, Trahan Decl., Exh. A.)

Code of Civil Procedure section 377.30 states, in pertinent part, that "[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."

"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., Sec. 377.31.)

The person who seeks to commence an action or to continue a pending action as the decedent's successor in interest shall " execute and file an affidavit or a declaration under penalty of perjury under the laws of this state stating all of the following: (1) The decedent's name. (2) The date and place of the decedent's death. (3) "No proceeding is now pending in California for administration of the decedent's estate." (4) If the decedent's estate was administered, a copy of the final order showing the distribution of the decedent's cause of action to the successor in interest. (5) Either of the following, as appropriate, with facts in support thereof: (A) "The affiant or declarant is the decedent's successor in interest (as defined in Section 377.11 of the California Code of Civil Procedure) and succeeds to the decedent's interest in the action or proceeding." (B) "The affiant or declarant is authorized to act on behalf of the decedent's successor in interest (as defined in Section 377.11 of the California Code of Civil Procedure) with respect to the decedent's 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." (7) "The affiant or declarant affirms or declares under penalty of perjury under the laws of the State of California that the foregoing is true and correct."

(b) Where more than one person executes the affidavit or declaration under this section, the statements required by subdivision (a) shall be modified as appropriate to reflect that fact.

(c) A certified copy of the decedent's death certificate shall be attached to the affidavit or declaration. (Code Civ. Proc., Sec. 377.32.)

"The court in which an action is commenced or continued under this article may make any order concerning parties that is appropriate to ensure proper administration of justice in the case, including appointment of the decedent's successor in interest as a special administrator or guardian ad litem." (Code Civ. Proc., Sec. 377.33.)

Here, Trahan executed and filed a declaration under penalty of perjury stating: (1) the Decedent's name is Donald Trahan and is a named Plaintiff in this matter; (2) Decedent passed away on March 8, 2026, in Los Angeles County; (3) "[n]o proceeding is now pending in California for administration of [Decedent's] estate"; (4) Decedent died intestate, and Trahan is Decedent's sole surviving child and successor in interest (as defined in Section 377.11 of the California Code of Civil Procedure); (5) "[n]o other person has a superior right to commence the action or proceeding or to be substituted for Decedent in the above-entitled action"; and (6) Trahan declares "under penalty of perjury under the laws of the State of California that the foregoing is true and correct." (Motion, Trahan Decl. P.P. 1-7.)

Additionally, a certified copy of the Decedent's death certificate is attached to the Motion and declaration. (Motion, Trahan Decl., P. 2, Exh. A.)

Based on the foregoing, the Court finds the requirements of Code of Civil Procedure sections 377.30, 377.31, 377.32, and 377.33 are satisfied. Thus, the Motion is GRANTED.

III. Conclusion & Order

Accordingly, Plaintiffs Nereida Vazquez, Ryan Cranford, Kassandra Montes, Cindy Fernandez, Florencia Duran, Joseph McMenimen, Alula Tsadik, Shana Hauanio, Alisha Lucero, Rachel Botello, Samantha Martinez, Yui Loui, Debra Matters, Joanne Sullivan, Amanda "Anthony" Padilla, Donald Trahan, Andrew Amer, Stephen Guzman, Virginia Narvaez, Richard Mclay, Deshawn Lawrence, Adam Collras, and Susan Hall's Motion to Substitute Successor in Interest for Deceased Plaintiff Donald Trahan is GRANTED. Donnette Jean Trahan is substituted in as a Plaintiff in this action in place of deceased Plaintiff Donald Trahan.

Furthermore, the Court notes that previously the Court granted Plaintiffs' Motion for Leave to File a FAC and Deem the Attached FAC Filed on 4/1/26. However, the FAC must be filed separately to be reflected on the Court's docket. Based thereon, the Court orders that the FAC be filed within 10 days of this order. Moving party is ordered to give notice. | Home -->)" -->