LAURA M BARON, et al. vs MARIA CRISTINA RODRIGUEZ, et al.

2026CUPA065775: LAURA M BARON, et al. vs MARIA CRISTINA RODRIGUEZ, et al. 08/24/2026 in Department 43 Demurrer by Maria Cristina Rodriguez as successor in interest to the Estate of Manuel Dejesus Rodriguez, Deceased counsel.

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Motion: Demurrer of Defendant Maria Cristina Rodriguez, as successor in interest to the Estate of Manuel Dejesus Rodriguez, to Plaintiffs’ Complaint

Tentative Ruling: Demurrer of Defendant Maria Cristina Rodriguez, as successor in interest to the Estate of Manuel Dejesus Rodriguez, to the First Cause of Action of Plaintiffs’ Complaint for Wrongful Death is SUSTAINED with leave to amend.

Plaintiffs need not allege that Maria Cristina Rodriguez personally committed the negligent driving that allegedly caused Doug James Baron’s death. A cause of action against a person ordinarily survives that person’s death, and this rule applies even where the loss or damage occurs simultaneously with or after the death of the person who otherwise would have been liable. (Code Civ. Proc. § 377.20(a), (b).)

Code Civ. Proc. § 377.40 provides that a surviving cause of action against a decedent may be asserted against the decedent’s personal representative or “to the extent provided by statute,’ against the decedent’s successor in interest. Thus, merely alleging that Rodriguez is a ‘successor

2026CUPA065775: LAURA M BARON, et al. vs MARIA CRISTINA RODRIGUEZ, et al.

in interest’ within the meaning of Code Civ. Proc. § 377.11 does not, by itself, establish that the decedent’s liability may be asserted against her; Plaintiffs must identify a statutory basis permitting the claim to proceed against her in that capacity. For example, in Spears v. Spears (2023) 97 Cal.App.5th 1294, the court considered Code Civ. Proc. § 377.40 together with Probate Code §§ 19400 and 19402, which expressly made trust beneficiaries personally liable, subject to statutory limitations, for claims against the deceased settlor and established the trustee and beneficiaries as successors in interest to trust property. (Id. at 1303-1304.)

The Complaint separately alleges an insurance-based claim directly against the Estate of Manuel Dejesus Rodriguez pursuant to Prob. Code §§ 550 and 9390. (Complaint ¶ 9.) Prob. Code § 550 expressly permits an insured claim to proceed against the decedent’s estate without joining the personal representative or successor in interest, and Prob. Code § 552 directs that such an action name the “Estate of [decedent], Deceased” as defendant.

Accordingly, although the death of Defendant Manuel Dejesus Rodriguez’s does not extinguish Plaintiffs’ wrongful-death claim arising from his alleged negligence, the present Complaint does not allege facts establishing the statutory basis (such as Probate Code § 13109 or § 13550) required by Code Civ. Proc. § 377.40 for asserting that liability against Maria Cristina Rodriguez as his successor in interest. Plaintiffs are granted leave to amend because the there is a reasonable possibility Plaintiffs could allege facts establishing an applicable statutory basis for proceeding against Rodriguez in that capacity.

Plaintiffs are granted leave to file and serve an amended complaint on or before September 11, 2026.

Moving party is ordered to serve notice of the Court’s ruling.

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