Tentative ruling on Aug. 18, 2023 in Calaveras County, CA - Case no: xxxxx070

19CV44070
PLAINTIFF’S MOTION FOR LEAVE
TO SUBSTITUTE PARTY-DEFENDANT
This is a personal injury action stemming from an altercation between plaintiff and
defendant occurring on 12/06/18. Defendant died on 11/21/22. Before the Court is a
renewed motion by plaintiff to substitute defendant’s estate as a party-defendant.
Although the previous motion was expressly unopposed, it was denied based on
abatement concerns.
Pursuant to CCP §377.41, “on motion, the court shall allow a pending action or
proceeding against the decedent that does not abate to be continued against the
decedent's personal representative or, to the extent provided by statute, against the
decedent's successor in interest, except that the court may not permit an action or
proceeding to be continued against the personal representative unless proof of
compliance with Part 4 (commencing with Section 9000) of Division 7 of the Probate
Code governing cred….....