Galindo

DISCUSSION

1 “[T]he general rule is that only the person whose Fourth Amendment rights were violated 2 can sue to vindicate those rights.” Moreland v. Las Vegas Metro. Police Dep’t, 159 F.3d 365, 369 3 (9th Cir. 1998), as amended (Nov. 24, 1998) (citing 42 U.S.C. § 1988(a)). “In § 1983 actions, 4 however, the survivors of an individual killed as a result of an officer’s excessive use of force may 5 assert a Fourth Amendment claim on that individual’s behalf if the relevant state’s law authorizes 6 a survival action.” Id. “The party seeking to bring a survival action bears the burden of 7 demonstrating that a particular state’s law authorizes a survival action and that the plaintiff meets 8 that state’s requirements for bringing a survival action.” Id. 9 In California, “a cause of action for or against a person is not lost by reason of the person’s 10 death, but survives subject to the applicable limitations period.” Cal. Civ. Proc. Code § 377.20(a). 11 “A cause of action that survives the death of the person entitled to commence an action or 12 proceeding passes to the decedent’s successor in interest . . . and an action may be commenced by 13 the decedent’s personal…