Estate of Xander Mann v. County of Stanislaus

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 5 ESTATE OF XANDER MANN, AMY CASE NO. 1:21-CV-1098 AWI SKO PICKERING, JUSTIN MANN, and HECTOR DEL ALTO,

ORDER ON PLAINTIFFS’ MOTION TO

Plaintiffs STRIKE

v. (Doc. No. 87) COUNTY OF STANISLAUS, et al.,

Defendants

_____________________________________

AND RELATED CROSSCLAIMS

15 This consolidated case arises from the fatal encounter between minor Decedent Xander 16 Mann (“Mann”) and members of the Stanislaus County Sheriff’s Department. The Plaintiffs are 17 the family of Xander Mann and a passenger who was in Mann’s vehicle at the time of the 18 encounter. In the Unified Complaint (“UC”), Plaintiffs allege state and federal law claims, 19 including state law claims for violation of the California Constitution, the Bane Act (Cal. Civ. 20 Code § 52.1), assault/battery, negligence, and wrongful death. Currently before the Court is 21 Plaintiffs’ motion to strike Defendant Stanislaus County Sheriff Jeff Dirkse (“Dirkse”)’s third 22 affirmative defense. For the reasons that follow,…