Defendant Modesto City Schools’ Motion for Judgment on the Pleadings - GRANTED, and unopposed.
Defendant’s Request for Judicial Notice is unopposed and granted based on the authority provided. As such, the Court finds on the basis of Defendant’s unopposed declarations, judicially noticed facts, and brief, that Plaintiff passed away in 2019, that Plaintiff’s conservator and guardian ad litem has not taken appropriate action since then to substitute Plaintiff’s successor in interest in order to permit a survivorship action to proceed, that the action is thereby subject to abatement as a result, and that there is no plausible path to any new causes of action given the requirement for any possible new claimant to file a timely claim in order to maintain this action against the Defendant public entity under the Tort Claims Act. (Code Civ. Proc. § 377.32; Aghaian v. Minassian (2021) 64 Cal.App.5th 603 [abatement of action absent compliance]; Coats v. K-Mart Corp. (1989) 215 Cal.App.3d 961, 9