The Estate of Mohammed Shah et al v. City of Hayward et al

Filing 13

Order by Magistrate Judge Laurel Beeler granting 7 Motion to Dismiss.(lblc1S, COURT STAFF) (Filed on 11/15/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION
THE ESTATE OF MOHAMMED SHAH et al.,

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For the Northern District of California

UNITED STATES DISTRICT COURT

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No. C 13-04516 LB

Plaintiffs,
v.

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CITY OF HAYWARD et al.,

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ORDER GRANTING MOTION TO
DISMISS WITH LEAVE TO AMEND
[Re: ECF No. 7]

Defendants.
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Plaintiffs Mohammed and Janifer Shaw are the parents of decedent Mohammed Shaw, and

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Plaintiff C.E.W. is decedent Shaw's sole biological son. Complaint, ECF No. 1, ¶ 3. Plaintiffs filed

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this lawsuit against the City of Hayward and Doe police officers, alleging that police officers shot

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Mr. Shaw wrongfully in violation of federal and state law. Id. at 1-12. Defendants moved to

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dismiss on the grounds that (1) Plaintiffs did not establish that they were successors in interest under

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California Code of Civil Procedure § 377.32, and (2) the parents lack standing to pursue the

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wrongful death claims (claims one and five). Motion, ECF No. 7-1 at 4-6. Plaintiffs concede that

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the claims as pled are assigned to the wrong parties, say they can remedy the issues easily, and ask

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to file an amended complaint. Opposition, ECF No. 11. Under the circumstances, the court

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GRANTS the motion to dismiss with leave to amend. Plaintiffs must file an amended complaint

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within 21 days. This disposes of ECF No. 7.

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DATED: November 15, 2013

ORDER (C 13-04516 LB)

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LAUREL BEELER
United States Magistrate Judge