James v. Contra Costa County

• Court: District Court, N.D. California
• Decided: March 30, 2023
• Docket: 3:22-cv-05939
• Status: Unknown

Opinion

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 CARRIE JAMES, et al., Case No. 22-cv-05939-SI 8 Plaintiffs, ORDER RE: FILING OF DECLARATION PURSUANT TO CAL. 9 v. CODE OF CIVIL PROCEDURE §377.32 10 CONTRA COSTA COUNTY, 11 Defendant. 12 This case was just reassigned to the undersigned judge. Plaintiffs bring this action pursuant 5 13 || to42 U.S.C. § 1983 as the survivors of their son. “The party seeking to bring a survival action bears S 14 || the burden of demonstrating that a particular state’s law authorizes a survival action and that the 3 15 || plaintiff meets that state’s requirements for bringing a survival action.” Moreland v. Las Vegas 16 || Metro. Police Dep’t, 159 F.3d 365, 369 (9th Cir. 1998), as amended (Nov. 24, 1998). California’s 5 17 || requirements for standing to bring a survival action are set forth in California Code of Civil 18 || Procedure § 377.30. A plaintiff bringing a survivorship action is required to file a declaration 19 pursuant to California Code of Civil Procedure § 377.32, to show that the survivorship requirements 29 || are met. See Reyes v. Cnty. of Alameda, No. 20-CV-03971-DMR, 2020 WL 5107460, at *3 (N.D. Cal. Aug. 31, 2020) (discussing declaration requirement in § 1983 survivorship action). 2 Plaintiffs have not filed a declaration pursuant to California Code of Civil Procedure 23 § 377.32. The Court directs plaintiffs to file such a declaration no later than April 10, 2023. IT IS SO ORDERED. 25 96 || Dated: March 30, 2023 Site Delite SUSAN ILLSTON 7 United States District Judge 28