Riggi et al v. City of Placerville et al

Filing 8

MEMORANDUM, and ORDER signed by Judge Morrison C. England, Jr on 4/14/11 ORDERING that Plaintiffs' survival causes of action are DISMISSED without prejudice. Plaintiffs may file an amended complaint and declaration within twenty (20) days of the electronic filing of this order. If an Amended Complaint and declaration are not filed within said twenty (20)-day period, Plaintiffs' survival causes of action will be dismissed with prejudice and without further notice to the parties.(Mena-Sanchez, L)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CHASE M. RIGGI, individually
and by and through his Guardian
ad Litem, JAMES M. RIGGI;
ESTATE OF LINDA CAROL CLARK, by
and through her Successor-inInterest, CHASE M. RIGGI, by
and through his Guardian ad
Litem, JAMES M. RIGGI; MARTY
HANSEN; and JOAN BEATRICE
LEWIS,

No. 2:11-cv-00753-MCE-DAD

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Plaintiffs,
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v.

MEMORANDUM and ORDER

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CITY OF PLACERVILLE; CITY OF
PLACERVILLE POLICE DEPARTMENT;
CITY OF PLACERVILLE POLICEMAN
NICOLAS MAURER; PLACERVILLE
POLICE CHIEF GEORGE NIELSEN; EL
DORADO COUNTY; EL DORADO
COUNTY EMERGENCY SERVICES
DISTRICT; EL DORADO COUNTY
DEPARTMENT OF MENTAL HEALTH;
MARSHALL MEDICAL CENTER; and
DOES 1 through 20, inclusive,

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Defendants.
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Through this action, The Chase M. Riggi, Marty Hansen, Joan

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Beatrice, and the Estate of Linda Carol Clark (“Plaintiffs”) seek

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redress for the alleged wrongful death of Linda Carol Clark.

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addition to claims for wrongful death, Plaintiffs assert several

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survival causes of action proceeding as decedent’s successor-in-

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interest.

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bring a survival action pursuant to California Civil Procedure

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Code § 377.32.

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with the requirements of § 377.32.

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In

Plaintiffs have filed the requisite declaration to

However, the declaration did not fully comply
As a result, Plaintiffs lack

standing to assert a survival action.

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It is fundamental that federal courts are courts of limited

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jurisdiction.

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1141, 1145 (9th Cir. 2006).

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raised by the parties, federal courts are required to consider

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jurisdictional issues such as standing.

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Los Angeles, 279 F.3d 862, 868 (9th Cir. 2002).

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district court may dismiss a claim sua sponte for lack of

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standing.

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Vacek v. United States Postal Serv., 447 F.3d
Regardless of whether the issue is

Bernhardt v. County of
As a result, a

Id.

The party bringing a survival action has the burden to show

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that a particular state law authorizes the action, and that the

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plaintiff meets the statutory requirements.

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San Diego, No. 09-55644, 2011 WL 982472, at *2 (9th Cir. Mar. 22,

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2011).

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plaintiff bringing a survival action file a declaration or

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affidavit under penalty of perjury.

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required declaration, plaintiff must state the date and place of

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the decedent’s death. Cal. Civ. Proc. Code § 377.32(a)(2).

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Hayes v. County of

California Civil Procedure Code § 377.32 requires that a

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Id. at *3.

As part of the

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A certified copy of the decedent’s death certificate must also be

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attached to the declaration.

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Compliance with the requirements of § 377.32 is a prerequisite

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for standing to bring a survival action in federal court.

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2011 WL 982472, at *3.

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Cal. Civ. Proc. Code § 377.32(c).

Hayes,

In the instant case, Plaintiffs filed a declaration, but did

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not fully comply with the statutory requirements.

Specifically,

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Plaintiffs did not include a declaration of the place of

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decedent’s death as required by § 377.32(a)(2).

Further, a

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certified copy of decedent’s death certificate is not attached to

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the declaration as required by § 377.32(c).

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declaration is defective, Plaintiffs lack standing to bring a

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survival action.

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survival causes of action.

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Because Plaintiff’s

As a result, the Court must dismiss the

Based on the foregoing, Plaintiffs’ survival causes of

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action are hereby DISMISSED without prejudice.

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file an amended complaint and declaration within twenty (20) days

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of the electronic filing of this order.

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and declaration are not filed within said twenty (20)-day period,

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Plaintiffs’ survival causes of action will be dismissed with

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prejudice and without further notice to the parties.

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Plaintiffs may

If an amended complaint

IT IS SO ORDERED.
Dated: April 14, 2011

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_____________________________
MORRISON C. ENGLAND, JR.
UNITED STATES DISTRICT JUDGE

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