Motion: Plaintiff’s Motion to Appoint Successor in Interest for Deceased Plaintiff
Tentative Ruling:
To grant.
Explanation:
Code of Civil Procedure section 377.21 provides: “A pending action or
proceeding does not abate by the death of a party if the cause of action survives.” (Id., emphasis added.) Code of Civil Procedure section 377.31 states, “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.” (Id., emphasis added.)
There are four distinct kinds of privacy invasions recognized by courts: 1) Intrusion upon the plaintiff’s seclusion or solitude or into his private affairs; 2) Public disclosure of embarrassing private facts; 3) Publicity which places the plaintiff in a false light in the public eye; and 4) Appropriation for the defendant’s advantage, of the plaintiff’s name and
Hearing Date
September 26, 2016
Type
35 Unlimited - Other Non-PI/PD/WD Tort
For full print and download access, please subscribe at https://www.trellis.law/.
Motion: Plaintiff’s Motion to Appoint Successor in Interest for Deceased Plaintiff
Tentative Ruling:
To grant.
Explanation:
Code of Civil Procedure section 377.21 provides: “A pending action or
proceeding does not abate by the death of a party if the cause of action survives.” (Id., emphasis added.) Code of Civil Procedure section 377.31 states, “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.” (Id., emphasis added.)
There are four distinct kinds of privacy invasions recognized by courts: 1) Intrusion upon the plaintiff’s seclusion or solitude or into his private affairs; 2) Public disclosure of embarrassing private facts; 3) Publicity which places the plaintiff in a false light in the public eye; and 4) Appropriation for the defendant’s advantage, of the plaintiff’s name and