Saxton

Saxton v. County of Sonoma

Good Law
United States District Court, Northern District of CaliforniaMarch 30, 20233:21-cv-09499California247 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 MICHELLE SAXTON, et al., Case No. 21-cv-09499-SI Plaintiffs,

ORDER RE: APPOINTMENT OF

Vv. GUARDIAN AD LITEM AND FILING

OF DECLARATION

COUNTY OF SONOMA, et al., Defendants. a In reviewing the docket, it has come to the Court’s attention that Michelle Saxton has not

filed a motion for appointment of guardian ad litem of M.J., nor has Saxton filed an affidavit or 14 declaration pursuant to California Code of Civil Procedure 377.32, which is required in survivorship 15 actions. See Reyes v. Cnty. of Alameda, No. 20-CV-03971-DMR, 2020 WL 5107460, at *3 (N.D. 16 Cal. Aug. 31, 2020) (discussing requirements under California law for § 1983 survivorship action);

see also Moreland v. Las Vegas Metro. Police Dep't, 159 F.3d 365, 369 (9th Cir. 1998), as amended

Z

(Nov. 24, 1998) (“The party seeking to bring a survival action bears the burden of demonstrating 19 that a particular state’s law authorizes a survival action and…

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