White v. FCA US LLC ( 2024 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 | Leigh White and Gene Rump, No. 2:21-cv-02377-KJM-AC 12 Plaintiffs, ORDER 13 v. 14 | ECA US, LLC and Does | through 10, 15 | inclusive, 16 Defendants. 17 Following the death of plaintiff Gene Rump, plaintiff Leigh White requests substitution in 18 | her capacity as the personal representative and the executor of the decedent’s estate. For the 19 | reasons below, the court grants White’s motion to substitute. 20 Plaintiffs brought this action against defendant FCA alleging several violations of the 21 | Song Beverly Consumer Warranty Act. See Mem. Substitute at 1, ECF No. 26. Plaintiffs 22 | notified the court Rump had died. See Statement of Death, ECF No. 25. White moves to be 23 | substituted as the proper party to proceed as plaintiff. Mot. Substitute at 1, ECF No. 26. 24 | Defendants have filed a statement of non-opposition. Non-Opp’n, ECF No. 28. 25 Under Federal Rule of Civil Procedure 25, if a party dies and their claim remains viable, 26 | the court may substitute a proper party, such as the decedent’s successor or representative. Fed. 27 | R. Civ. P. 25(a)(1). The motion must be filed within 90 days after service of the statement noting 28 | the death. /d.; see also Barlow v. Ground, 39 F.3d 231, 233 (9th Cir. 1994). “In deciding a 1 | motion to substitute under Rule 25(a)(1), a court must consider whether: (1) the motion is timely; 2 | (2) the claims pled are extinguished; and (3) the person being substituted is a proper party.” Veliz 3 | v. Cintas Corp., No. 03-1180, 2008 WL 2811171, at *1 (N.D. Cal. July 17, 2008). 4 Here, White has met all the requirements for substitution. First, White timely moved to 5 | substitute: the notice of Rump’s death was filed on January 19, 2024, and White filed her motion 6 | on January 23, 2024. Compare Statement of Death with Mot. Substitute. Second, California law 7 | permits a decedent’s personal representative or successor to maintain a cause of action, unless a 8 | statute provides otherwise; death does not extinguish a legal claim. See Cal. Code Civ. Proc. 9 | §§ 377.20, 377.30, 377.34, 377.40; Mem. Substitute at 2-3. Lastly, White is a “proper party” 10 | within the meaning of Rule 25 because she was appointed as the personal representative of 11 | Rump’s estate, which includes the power to maintain lawsuits and retain counsel. See id. 12 | §§ 377.30 et seq; White Decl., ECF No. 26-1; Will & Trust, Mot. Substitute Ex. B, ECF 13 | No. 26-1. Asa result, the court grants White’s motion. 14 This order resolves ECF No. 26. 15 IT IS SO ORDERED. 16 DATED: February 12, 2024. CHIEF ED STATES DISTRICT JUDGE