Harness

UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

JANELLE HARNESS; ZIONNAH SMARR, 1:19-cv-01451-LJO-EPG

THROUGH HER GUARDIAN AD LITEM;

AND BRAYDEN SMARR, THROUGH HIS MEMORANDUM DECISION AND

GUARDIAN AD LITEM, ORDER GRANTING UNOPPOSED

MOTION TO DISMISS, VACATING Plaintiffs, HEARING, AND REMANDING CASE TO KERN COUNTY SUPERIOR v. COURT (ECF No. 8)

CALIFORNIA HIGHWAY PATROL;

UNKNOWN OFFICER DOE 1; UNKNOWN

OFFICER DOE 2; AND DOES 3 THROUGH

25, INCLUSIVE,

Defendants.

14 On July 23, 2019, plaintiffs Janelle Harness, Brayden Smarr, and Zionnah Smarr (“Plaintiffs”)

15 filed a civil rights and wrongful death action in the Superior Court of California, County of Kern. ECF

16 No. 1 at ¶ 1. Plaintiffs filed an amended complaint on July 31, 2019. ECF No. 1, Ex. A (“FAC”). The

17 case was removed to this Court on October 14, 2019. ECF No. 1.

18 The claims concern an officer-involved shooting that occurred on February 8, 2019 in an

19 unincorporated area of Kern County. See…