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The Estate of Anastacio Hernandez-Rojas v. United States

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


April 18, 2011

THE ESTATE OF ANASTACIO HERNANDEZ-ROJAS, BY ITS PERSONAL REPRESENTATIVE DAISY HERNANDEZ; DANIEL HERNANDEZ, A MINOR, DANIELA HERNANDEZ, A MINOR, FABIAN HERNANDEZ, A MINOR, BY AND THROUGH THEIR GUARDIAN AD LITEM, MARIA PUGA MORAN; YEIMI HERNANDEZ; DAISY HERNANDEZ, PLAINTIFFS,
v.
UNITED STATES OF AMERICA, ET AL., DEFENDANTS.

The opinion of the court was delivered by: M. James Lorenz United States District Court Judge

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 in interest to the estate of Anastacio Hernandez-Rojas. Under California Code of Civil Procedure § 377.11, a decedent's successor in interest has the authority to act with respect to the particular causes of action to which she succeeds, rather than the entirety of the decedent's estate. Exarhos v. Exarhos, 72 Cal. Rptr.3d 409(Ct. App. 2008), modified on denial of rehearing.

Although Ms Hernandez, who is represented by counsel, does not provide a memorandum of points and authorities indicating the legal basis for her request, she has filed her declaration. The declaration sets forth that she is the daughter of the decedent, Anastacio Hernandez-Rojas; there is no pending proceeding for the administration of the estate; no one else has a superior right to commence this action; and she is the decedent's successor in interest as defined in § 377.11. Code of Civil Procedure § 377.32(a)(3) requires that a person who pursues an action as a decedent's successor in interest execute an affidavit or declaration that states, "No proceeding is now pending in California for administration of the decedent's estate." As noted above, Daisy Hernandez has so declared.

Having reviewed the ex parte motion and good cause appearing, IT IS ORDERED granting Daisy Hernandez's ex parte motion to be appointed successor in interest to the estate of Anastacio Hernandez-Rojas.

IT IS SO ORDERED.

COPY TO: HON. NITA L. STORMES UNITED STATES MAGISTRATE JUDGE ALL PARTIES/COUNSEL

20110418

© 1992-2011 VersusLaw Inc.



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