DANILO P QUIAZON VS. RICO QUIAZON ET AL

Matter on the Law & Motion / Discovery calendar for Thursday, August 21, 2025, Line 4. OTHER MYRNA MAYUGA's Motion To Allow The Substitution Of Successor In Interest And The Continuation Of The Action.

Myrna Mayuga's motion to allow her substitute as the successor in interest in this action is denied without prejudice. Ms. Mayuga may renew the application on a showing either that the administration of the estate in British Columbia is concluded and she is the successor, or that she has been appointed the estate's personal representative in California.

Danilo P. Quiazon was the plaintiff in this action. Mr. Quiazon died earlier this year. Code of Civil Procedure, section 377.20, subdivision (a), provides that, "[e]xcept as otherwise provided by statute, a cause of action for or against a person is not lost by reason of the person's death, but survives subject to the applicable limitations period." The decedent's successor in interest or personal representative may continue the action. (Id., section 377.31.) A personal representative is someone who is appointed to act on behalf of an estate. (Prob. Code, section 58, subd. (a).) A successor in interest is "the beneficiary of the decedent's estate or other successor in interest who succeeds to a cause of action or to a particular item of the property that is the subject of a cause of action." (Code Civ. Proc., section 377.11.)

The motion represents that Mr. Quiazon died testate in British Columbia, Canada, and that the probate proceeding there is pending. (Freedman Dec. para. 4.) Because the probate pending is proceeding, Ms. Mayuga has not yet succeeded to Mr. Quiazon's interest. Nor does Ms. Mayuga show that she has been appointed as Mr. Quiazon's personal representative, and even if she has, she must also be appointed as a personal representative by a California court to act in that capacity in this state. (Smith v. Cimmet (2011) 199 Cal.App.4th 1381, 1391.)

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