2017-00214807-CU-MM

Jasmine C. Thompson vs. Theam Leng Tay

Nature of Proceeding: Motion for Order Substituting Personal Representative

Filed By: Patterson, Kellan S.

If oral argument is requested, it shall be heard at the end of the D. 53 2:00pm calendar on Monday, February 26, 2018.

Plaintiff Brittany T. Owens’ Motion For Order Substituting Personal Representative For Deceased Plaintiff Jasmine C. Thompson is unopposed and is GRANTED.

The Complaint for medical malpractice was filed by Jasmine C. Thompson, on June 9, 2017, while she was alive. On June 15, 2017, plaintiff died.

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. (Code Civ. Proc., § 377.20.)

For the purposes of this chapter, “decedent’s successor in interest” means 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., § 377.11.)

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.)

Brittany Owens declares that she is a daughter of the decedent, and is named as the executor of her estate in Thompson’s will. No proceeding is now pending in California for the administration of the decedent’s estate. The declarant is authorized to act on behalf of the decedent’s successor in interests (as defined in Section 377.11 of the California Code of Civil Procedure) with respect to the decedent’s interest in the action or proceeding.

No other person has a superior right to commence the action or proceeding or to be substituted for the decedent in the pending action or proceeding.

The Court is satisfied by the evidence presented that Brittan Owens may be substituted as decedent’s successor in interest in this action.

The prevailing party shall prepare a formal order for the Court’s signature pursuant to C.R.C. 3.1312.