Beets

Heck v. Humphrey (1994) 512 U.S. 477, 486-487 [ 129 L.Ed.2d 383 , 114 S.Ct. 2364 ] (Heck) holds that when a judgment in favor of the plaintiff in a suit under title 42 of the United States Code section 1983 (section 1983) would necessarily imply the invalidity of the plaintiff’s underlying conviction or sentence, the complaint must be dismissed, unless the plaintiff can demonstrate that his conviction or sentence has been invalidated. In Yount v. City of Sacramento (2008) 43 Cal.4th 885, 902 [ 76 Cal.Rptr.3d 787 , 183 P.3d 471 ] (Yount), our Supreme Court held that the same principle applies to analogous state tort suits.

In this case, appellants Kristy Beets and Glenn Allen Rose are the parents of Glenn Patrick Rose (Rose), who was killed during an incident with the Los Angeles County Sheriff’s Department and California Highway Patrol. Appellants, in their individual capacities and also as successors in interest to Rose, *919 brought this wrongful death action against respondents Los Angeles County and Sheriff’s Deputy Steven Winter. They allege that Deputy Winter’s use of deadly force against Rose was unreasonable. While Rose did not survive, another participant in the…