Case Number: VC062276    Hearing Date: July 10, 2014    Dept: SEC

CARPENTER v. WASHINGTON & NORWALK ASSOCIATES LP
CASE NO. VC062276
HEARING: 07/10/14

#2
TENTATIVE ORDER

Plaintiff JON CARPENTER’s motion to substitute DONNA KAY CARPENTER as plaintiff is GRANTED. C.C.P. § 377.31.

Plaintiff Jon Carpenter brought this action for alleged damages under the Unruh Civil Rights Act and the California Disabled Persons Act. He expired in March 2014, and by way of this motion, Donna Kay Carpenter seeks to substitute in as his successor in interest. She submitted a declaration attesting to her right to continue the claim in accordance with section 377.32.

Defendants filed an opposition on the ground that none of the damages sought survive plaintiff’s death. C.C.P. § 377.34. Specifically, they argue that the complaint seek statutory damages for “difficulty, discomfort or embarrassment” as allowed under Civil Code section 55.56(c). Because damages for pain and suffering are not actionable by a successor, they argue that the proposed successor cannot recover in this action.

Plaintiff, on the other hand, contends that the damages are a civil penalty (as opposed to actual damages) and that they survive plaintiff’s death. See Botosan v. Paul McNally Realty (9th Cir. 2000) 216 F.3d 827. Plaintiff successor may properly maintain the action. Accordingly, the motion is granted.