Estate of Anastacio Hernandez-Rojas et al v. United States of America et al

Filing 12

ORDER granting 10 Ex Parte Motion Appointing Daisy Hernandez as Successor in Interest to the Estate of Anastacio Hernadez-Rojas. Signed by Judge M. James Lorenz on 4/18/2011. (mtb)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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Plaintiffs,
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v.
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UNITED STATE SOF AMERICA, et al., )
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Defendants.
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11 THE ESTATE OF ANASTACIO
HERNANDEZ-ROJAS, by its personal
12 representative DAISY HERNANDEZ;
DANIEL HERNANDEZ, a minor,
13 DANIELA HERNANDEZ, a minor,
FABIAN HERNANDEZ, a minor, by and
14 through their guardian ad litem, MARIA
PUGA MORAN; YEIMI HERNANDEZ;
15 DAISY HERNANDEZ,
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Civil No. 11cv522 L (NLS)
ORDER GRANTING EX PARTE
MOTION APPOINTING DAISY
HERNANDEZ AS SUCCESSOR IN
INTEREST TO THE ESTATE
[doc. #10]

Daisy Hernandez moves ex parte for an order appointing Daisy Hernandez as successor

22 in interest to the estate of Anastacio Hernandez-Rojas. Under California Code of Civil Procedure
23 § 377.11, a decedent's successor in interest has the authority to act with respect to the particular
24 causes of action to which she succeeds, rather than the entirety of the decedent's estate. Exarhos
25 v. Exarhos, 72 Cal. Rptr.3d 409(Ct. App. 2008), modified on denial of rehearing.
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Although Ms Hernandez, who is represented by counsel, does not provide a

27 memorandum of points and authorities indicating the legal basis for her request, she has filed her
28 declaration. The declaration sets forth that she is the daughter of the decedent, Anastacio
11cv522

1 Hernandez-Rojas; there is no pending proceeding for the administration of the estate; no one else
2 has a superior right to commence this action; and she is the decedent’s successor in interest as
3 defined in § 377.11. Code of Civil Procedure § 377.32(a)(3) requires that a person who pursues
4 an action as a decedent's successor in interest execute an affidavit or declaration that states, “No
5 proceeding is now pending in California for administration of the decedent's estate.” As noted
6 above, Daisy Hernandez has so declared.
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Having reviewed the ex parte motion and good cause appearing, IT IS ORDERED

8 granting Daisy Hernandez’s ex parte motion to be appointed successor in interest to the estate of
9 Anastacio Hernandez-Rojas.
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IT IS SO ORDERED.

11 DATED: April 18, 2011
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M. James Lorenz
United States District Court Judge

14 COPY TO:
15 HON. NITA L. STORMES
UNITED STATES MAGISTRATE JUDGE
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17 ALL PARTIES/COUNSEL
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11cv522