Janice Elizabeth Arnold vs. Antelope Manufactured Home Community, L.P.

34-2022-00318831-CU-BC-GDS: Janice Elizabeth Arnold vs. Antelope Manufactured Home Community, L.P. 08/26/2025 Hearing on Motion - Other to Appoint Successor-in-Interest to Deceased Plaintiff, and Substitute Successor-in-Interest in Department 53

Tentative Ruling

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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

34-2022-00318831-CU-BC-GDS: Janice Elizabeth Arnold vs. Antelope Manufactured Home Community, L.P. 08/26/2025 Hearing on Motion - Other to Appoint Successor-in-Interest to Deceased Plaintiff, and Substitute Successor-in-Interest in Department 53

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

TENTATIVE RULING: The unopposed motion to appoint successor-in-interest for the deceased Plaintiff Timothy Gregory Pearson is granted.

This action was originally commenced on April 25, 2022. Plaintiff Timothy Gregory Pearson passed away on May 14, 2024. Carol Pearson, Plaintiff Timothy Gregory Pearson’s wife, now seeks an order allowing her to continue the pending action as 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.” (CCP § 377.31.) Carol Pearson has filed the declaration required by CCP § 377.32(a) attaching a certified copy of the death certificate of Timothy Gregory Pearson, demonstrating that she is a successor in interest.

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 Court will sign the proposed order.