Burnett v. Allstate Insurance Company

• Court: District Court, N.D. California
• Decided: May 6, 2024
• Docket: 5:24-cv-00236
• Status: Unknown

Opinion

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 SAN JOSE DIVISION 7 8 JAMES BURNETT, Case No. 24-cv-00236-VKD

9 Plaintiff, ORDER GRANTING AS UNOPPOSED 10 v. MOTION FOR SUBSTITUTION OF PLAINTIFF 11 ALLSTATE INSURANCE COMPANY, Re: Dkt. No. 18 Defendant. 12

13 14 In November 2023, plaintiff James Burnett filed this action against his insurer, Allstate 15 Insurance Company (“Allstate”), for breach of contract, tortious breach of the implied covenant of 16 good faith and fair dealing, and financial abuse of an elder. Dkt. No. 1-1. On January 12, 2024, 17 Allstate removed the matter here, asserting diversity jurisdiction. Dkt. No. 1. Mr. Burnett died 18 several weeks later, on January 29, 2024. See Dkt. Nos. 18-2, 18-3. Now pending before the 19 Court is a motion to substitute Crystal Yvonne Burnett, identified as Mr. Burnett’s daughter and 20 beneficiary, as Mr. Burnett’s successor-in-interest.1 Dkt. No. 18. As Allstate does not oppose the 21 motion, the motion is granted.2 22 Rule of Civil Procedure 25 governs the substitution of parties, and provides that, “[i]f a 23 party dies and the claim is not extinguished, the court may order substitution of the proper party.” 24 Fed. R. Civ. P. 25(a)(1). “The substituted party steps into the same position as original party.” 25

26 1 In the future, all noticed motions must be filed in one document, and not as separate documents with separately numbered pages. See Civil L.R. 7-2(b). 27 1 Hilao vy. Estate of Marcos, 103 F.3d 762, 766 (9th Cir. 1996). A motion for substitution may be 2 || made “by the decedent’s successor or representative,” and if “not made within 90 days after 3 service of a statement noting the death, the action by or against the decedent must be dismissed.” 4 Fed. R. Civ. P. 25(a)(1). In deciding a motion to substitute under Rule 25(a)(1), courts consider 5 the motion’s timeliness, whether any pleaded claims are extinguished, and whether the person 6 || being substituted is a proper party. See Schneider v. Evanston Ins. Co., No. 20-cv-03484-JSC, 7 2021 WL 229234, at *1 (N.D. Cal. Jan. 22, 2021). Claims under California law survive a 8 || plaintiffs death except as otherwise provided by statute. Cal. C.C.P. § 377.20(a). 9 Allstate does not oppose the present motion for substitution, and the Court has been given 10 || no reason to deny it. Accordingly, the motion to substitute Ms. Crystal Burnett as Mr. Burnett’s 11 successor-in-interest is granted as unopposed. 12 IT IS SO ORDERED. 5 13 Dated: May 6, 2024

14 oe UnauinE, Marcle: 2 Virginia K. DeMarchi = 16 United States Magistrate Judge

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