Case Number: EC057147    Hearing Date: August 08, 2014    Dept: NCB

4. EC057147
JON CARPENTER v TWAIN’S, INC. et al
Motion for Substitution of Successor for Plaintiff

This case arises from the Plaintiff’s claim that the Defendants engaged in discrimination against the Plaintiff by failing to provide accessible parking for disabled persons. No trial is set because the Defendants did not answer. A default judgment was entered against the Defendants and in favor of the Plaintiff on May 14, 2012.

This hearing concerns the motion to substitute Donna Carpenter in place of Jon Carpenter as Plaintiff because Jon Carpenter passed away on March 30, 2014. The hearing was continued from July 11, 2014 so that the Plaintiff could file a supplemental declaration.
On July 18, 2014, the Plaintiff filed additional documents.

Under CCP section 377.21, when a party dies, a pending action continues and all causes of action survive except those barred by statute. Under CCP section 377.41, a pending action against the decedent may proceed against the decedent’s personal representative or successor in interest.
The motion is supported by the declaration of Donna Carpenter. This declaration is offered to comply with CCP section 377.32, which identifies the requirements for a declaration submitted by a person who seeking to continue a pending action after the death of the person who commenced the action. Section 377.32 requires the declaration to include facts identifying the decedent’s name, date and place of death, and that no proceeding is pending for the administration of the estate. In addition, section 377.32(a)(5) requires the declaration to state, with facts in support, that the declarant is the successor in interest or authorized to act on behalf of the successor in interest (italics added for emphasis). Finally, CCP section 377.32(c) requires the declaration to be accompanied by a certified copy of the decedent’s death certificate.
The initial declaration filed by Donna Carpenter stated in paragraph 2 that Jon Carpenter passed away on March 30, 2014 in Zurich, Switzerland. Ms. Carpenter stated in paragraph 3 that no probate is pending for Jon Carpenter’s estate. These facts comply with CCP section 377.32.
In her supplemental declaration filed on July 18, 2014, Donna Carpenter stated in paragraph 3 that Jon Carpenter is her son and that he has no children. This is sufficient to support her statement in paragraph 4 that she is the successor in interest and that no other person has a superior right to be substituted for Jon Carpenter in this action.

The Court has previously indicated that it would accept the Swiss records of Jon Carpenter’s death. These were included in the motion.
Accordingly, the Court finds the motion sufficiently complies with CCP section 377.32 and is granted.