James

James v. Contra Costa County

Good Law
United States District Court, Northern District of CaliforniaMarch 30, 20233:22-cv-05939California271 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 CARRIE JAMES, et al., Case No. 22-cv-05939-SI Plaintiffs, ORDER RE: FILING OF

DECLARATION PURSUANT TO CAL.

v. CODE OF CIVIL PROCEDURE §377.32 CONTRA COSTA COUNTY, Defendant. This case was just reassigned to the undersigned judge. Plaintiffs bring this action pursuant || to42 U.S.C. § 1983 as the survivors of their son. “The party seeking to bring a survival action bears S 14 || the burden of demonstrating that a particular state’s law authorizes a survival action and that the || plaintiff meets that state’s requirements for bringing a survival action.” Moreland v. Las Vegas || Metro. Police Dep’t, 159 F.3d 365, 369 (9th Cir. 1998), as amended (Nov. 24, 1998). California’s || requirements for standing to bring a survival action are set forth in California Code of Civil || Procedure § 377.30. A plaintiff bringing a survivorship action is required to file a…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.