Morton
Morton v. County of San Diego
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 MARILYN MORTON and DEAN Case No. 21-cv-1428-MMA (KSC)
MORTON,
ORDER GRANTING IN PART AND
Plaintiffs, DENYING IN PART COUNTY v. DEFENDANTS’ MOTION TO
DISMISS
COUNTY OF SAN DIEGO, et al., 15 Defendants. [Doc. No. 10] 16 17 18 Marilyn Morton (“Ms. Morton”), as successor in interest to Decedent Joseph Earl Morton’s (“Morton”) estate,1 as well as Ms. Morton and Dean Morton as individuals, (collectively, “Plaintiffs”) bring this civil rights action pursuant to 42 U.S.C. § 1983 against Defendants County of San Diego (the “County”), Samantha Macanlalay 23 24 1 Ms. Morton has not filed the affidavit required to establish standing as Morton’s successor in interest. See Cal. Code Civ. Proc. §§ 377.30, 377.32(a); see also Tatum v. City & Cnty. of San Francisco, 441 F.3d 1090, 1093 n.2 (9th Cir. 2006) (“A claim under 42 U.S.C. § 1983 survives the decedent if the claim accrued before the decedent’s death, and if state law authorizes a survival…