VALLELEY vs JOHNSON

25CV028751: VALLELEY vs JOHNSON 08/13/2026 Hearing on Motion - Other to Appoint Successor in Interest Pursuant to CCP 377.31 in Department 16D

Tentative Ruling

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25CV028751: VALLELEY vs JOHNSON 08/13/2026 Hearing on Motion - Other to Appoint Successor in Interest Pursuant to CCP 377.31 in Department 16D

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 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:

Melanie Smith’s (“Smith”) motion to be appointed as Successor in Interest for deceased Plaintiff Judith Florence Valleley (“Decedent”) is UNOPPOSED and GRANTED.

This action was originally commenced by Decedent on December 2, 2025. Decedent passed away on May 16, 2026. (Smith Decl. ISO Mot. ¶ 2, Ex.)

“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., § 377.31.) Code of Civil Procedure section 377.32 requires the person seeking to continue the proceeding as successor in interest to file an affidavit or a declaration under penalty of perjury that states certain facts showing the person is entitled to act as the decedent’s successor in interest.

Smith’s Declaration filed in support of the motion complies with Section 377.32 in that it sets forth Decedent’s name, date and place of death, makes the statutorily required statements, and includes a copy of the death certificate. (Smith Decl. ¶¶ 1-8, Ex.) Decedent’s son, Greg Smith, has also filed a declaration in which he stipulates and consents to Smith acting as Decedent’s Successor in Interest for purposes of this litigation. (See Declaration of Greg Smith ISO Mot., ¶ 6.) Thus, Smith has established that no other person has a superior right to be substituted for Decedent in the pending action.

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.)

For the stated reasons, the motion is GRANTED.

This minute order is effective immediately. No formal order or other notice is required. (Code Civ. Proc., § 1019.5; Cal. Rules of Court, rule 3.1312.)