City of Simi Valley v. Superior Court

Stephen Bayer (decedent) engaged law enforcement officers in a lethal confrontation and committed “suicide by cop,” also known as “suicide by police.” Thereafter, decedent’s family (real parties in interest; herein plaintiffs) filed an action in federal court against the City of Simi Valley, Police Chief Randy G. Adams, Police Captain Anthony Harper, and Police Lieutenant Gordon Weeks (City or police officers). The United States District Court granted summary judgment on the federal civil rights claim ( 42 U.S.C. § 1983 ) and dismissed the state causes of action (wrongful death and violation of state Constitution) without prejudice.

Plaintiffs sued in state court for wrongful death and state Constitution violations. City demurred, requested judicial notice of the federal moving and opposition papers, hearings and rulings, and argued that the action was barred by the federal judgment.

The superior court overruled the demurrer stating that it “must fail if at least one plaintiff has stated a claim for at least one right cognizable under the California Constitution. The Court [has] identified one claim (decedent’s father’s substantive due process right involving the…