Garlick et al v. County of Kern et al

Filing 110

ORDER DIRECTING PLAINTIFFS to File Supplemental Briefing, signed by Magistrate Judge Jennifer L. Thurston on 6/25/2015. (Hall, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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TARA GARLICK, et al.,
Plaintiff,

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v.
COUNTY OF KERN, et al.,
Defendants.

) Case No.: 1:13-cv-01051 - LJO - JLT
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) ORDER DIRECTING PLAINTIFFS TO FILE
) SUPPLEMENTAL BRIEFING
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Plaintiffs seek to substitute Chris Silva as a successor in interest to Salvador Silva for Plaintiff

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Salvador Silva pursuant to Rule 25 of the Federal Rules of Civil Procedure and Ca. Code Civ. Proc.

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§337.32. (Doc. 106.) In support of their motion, Plaintiffs report that Chris Silva is the son of

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Salvador Silva and “[n]o other person has a superior right to commence the action or proceeding or to

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be substituted for Salvador Silva in this pending action or proceeding. (Doc. 106 at 4-5, citing Silva

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Decl. ¶ 5.) Under California’s Civil Code section 377.11, a “‘decedent's successor in interest’ means

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the beneficiary of the decedent’s estate or other successor in interest who succeeds to a cause of action

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or to a particular item of the property that is the subject of a cause of action.”

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Notably, Merri Silva is the surviving spouse of Salvador Silva, and given she is the sole heir to

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the community property of the marriage and one of the heirs to Mr. Silva’s separate property,

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seemingly, she has a superior right to prosecute the action that Mr. Silva’s son. Further, from

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reviewing the record it is not clear whether Judy Silva, the paternal aunt of the minor plaintiffs, has the

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same or inferior interest as Chris Silva as a successor in interest.

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In addition, Plaintiffs did not brief why they believe Chris Silva has a superior interest.

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Consequently, the Court is unable to determine that Chris Silva is the proper party to be substituted for

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Mr. Silva, as required by Rule 25 without further information.

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Accordingly, IT IS HEREBY ORDERED: Plaintiffs SHALL provide supplemental briefing

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within seven days of the date of service of this order explaining why Chris Silva has the superior right

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to maintain this action and should be substituted for Mr. Silva.

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IT IS SO ORDERED.
Dated:

June 25, 2015

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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