Ward, et al. v. Vibra Healthcare, LLC, et al.

CASE NUMBER: 23CV-0203171 Tentative Ruling on Motion to Substitute Successor in Interest: Plaintiff Hauva Ward moves for an order naming her as successor in interest to her late husband, Richard Ward’s claims in this action pursuant to CCP 377.31. The motion is properly noticed and unopposed.

Code of Civil Procedure 377.30 et seq. provides 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, subject to Chapter 1 (commencing with Section 7000) of Part 1 of Division 7 of the Probate Code, and an action may be commenced by the decedent’s personal representative or, if none, by the decedent’s successor in interest.

The Court finds that the causes of action alleged in this matter survive Decedent’s death within the meaning of Code of Civil Procedure section 377.20, and that the proposed successor has submitted a declaration satisfying the requirements of Code of Civil Procedure section 377.32, including a certified copy of Decedent’s death certificate.

The motion to substitute Hauva Ward as successor in interest for Decedent Richard Ward is GRANTED. Plaintiff is granted leave to file an amended complaint reflecting the substitution within 20 days of today’s hearing. A proposed order has been lodged and will be executed.

WRIGHT VS. TARGET CORPORATION