Motion to Substitute the Plf with Personal Representative in Interest Following Death
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
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-cagov.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.
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.
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?”
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
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 Reporters Office and an official reporter will be provided.
TENTATIVE RULING: Plaintiffs 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 Janzens estate and has been appointed the personal representative of his estate, She now seeks an order allowing her to continue the pending action as Plaintiffs 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 decedents personal representative or, if none, by the decedents 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 Plaintiffs estate. (Turkins Supp. Decl. Exhs. 1, 2.) Thus, it is now clear to this Court that Turkins is entitled to continue this action as Plaintiffs appointed personal representative.
No opposition to the motion was filed. A partys 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.