Estate of Xander Mann v. County of Stanislaus

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 11 ESTATE OF XANDER MANN, et al., No. 1:21-cv-01098-MCE-JDP Plaintiffs, v. MEMORANDUM AND ORDER COUNTY OF STANISLAUS, et al., Defendants. 17 This consolidated case arises from the fatal encounter between minor Decedent Xander Mann (“Mann”) and members of the Stanislaus County Sheriff’s Department (“SCSD”). The Plaintiffs are the family of Xander Mann (hereafter, “Plaintiffs”) and a passenger, Hector del Alto, who was in Mann’s vehicle at the time of the encounter (hereafter, “del Alto”). In the Unified Complaint (“UC”), Plaintiffs allege state and federal law claims, including state law claims for violation of the California Constitution, the Bane Act (Cal. Civ. Code § 52.1), assault/battery, negligence, and wrongful death. In addition, del Alto filed a Crossclaim against the Estate of Xander Mann (“the Estate”) for negligence. ECF No. 83. Currently before the Court is the Estate’s Motion to Dismiss that Crossclaim. ECF No. 112. For…