Motley, et al v. Fresno Police Officer Smith, et al.

Filing 184

ORDER GRANTING 179 Motion for Substitution signed by District Judge Dale A. Drozd on 03/17/2021. (Flores, E)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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PAMELA MOTLEY; ESTATE OF
CINDY RAYGOZA, through its legal
representative and administrator, YVETTE
CALDERA; YVETTE CALDERA;
VALERIE CALDERA; DANNY RICE,

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No. 1:15-cv-00905-DAD-BAM

ORDER GRANTING MOTION FOR
SUBSTITUTION

Plaintiffs,
(Doc. No. 179)
v.
FRESNO POLICE OFFICER JOSEPH
SMITH; FRESNO POLICE OFFICER
BRIAN LITTLE; FRESNO POLICE
OFFICER DERRICK JOHNSON;
FRESNO POLICE OFFICER BERNARD
FINLEY; FRESNO POLICE OFFICER
BRYON URTON; UNKNOWN FRESNO
POLICE OFFICERS; THE CITY OF
FRESNO, CALIFORNIA,
Defendants.

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This matter is before the court on plaintiffs’ motion to substitute pursuant to Federal Rules

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of Civil Procedure 17 and 25, wherein plaintiffs request that plaintiff Pamela Motley be

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substituted and replaced as a plaintiff by Amanda Motley, who is representative of the estate of

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Pamela Motley. (Doc. No. 179.) On February 27, 2021, defendants filed written notice stating

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they did not oppose the requested substitution and requesting that there be no hearing held on this

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motion. (Doc. No. 181.)
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Successors in interest are required to file an affidavit or declaration containing certain

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enumerated information set forth in California Code of Civil Procedure § 377.32. See Alejandre

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v. Cty. of San Joaquin, No. 2:19-cv-233-WBS-KJN, 2019 WL 2355596, at *2 (E.D. Cal. June 4,

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2019). Plaintiffs have filed both a California Probate Code § 13100 affidavit and a declaration

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required by California Code of Civil Procedure § 377.32 stating these are best evidence of Pamela

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Motley’s passing. (Doc. No. 179 at 3–11.) Plaintiffs note they were unable to file a certified

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copy of Pamela Motley’s death certificate as required by § 377.32(c) because “her death

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certificate remains pending in light of the backlog in processing death documentation due to the

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ongoing pandemic and a pending death investigation by the Fresno County Coroner’s Office.”

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(Id. at 2.)
Good cause having been shown, plaintiff’s motion to substitute is granted, and plaintiffs

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are directed supplement the California Code of Civil Procedure § 377.32 declaration with the

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certified death certificate once it does become available.

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Accordingly,

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1. The motion to substitute is granted;

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2. Plaintiff Pamela Motley is substituted and replaced by Amanda Motley,

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representative of the estate of Pamela Motley;

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3. The Clerk of Court is advised that the caption of this case should be amended to

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reflect the substitution; and

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4. Plaintiffs are directed supplement the California Code of Civil Procedure § 377.32

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declaration with the certified death certificate once it becomes available.
IT IS SO ORDERED.
Dated:

March 17, 2021
UNITED STATES DISTRICT JUDGE

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