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

Filing 20

Order by Magistrate Judge Laurel Beeler granting 15 Motion to Dismiss.(lblc1S, COURT STAFF) (Filed on 1/22/2014)

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UNITED STATES DISTRICT COURT

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Northern District of California

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San Francisco Division

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For the Northern District of California

UNITED STATES DISTRICT COURT

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C.E.W., a minor, individually and as
successor-in-interest for Decedent
MOHAMMED SHAH, by and through his
guardian ad litem VALERIE WEAVER;
MOHAMMED SHAH, individually; and
JANIFER SHAH, individually,

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No. C 13-04516 LB
ORDER GRANTING DEFENDANTS’
MOTION TO DISMISS AND
GRANTING PLAINTIFFS’ LEAVE
TO FILE AND AMENDED
COMPLAINT

Plaintiffs,
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v.
[ECF No. 15]

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CITY OF HAYWARD, a municipal
corporation and DOES 1-50, inclusive; Police
Officers for the CITY OF HAYWARD,
Defendants.
_____________________________________/

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Plaintiffs filed a civil rights case involving the allegedly excessive force by Defendants against

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decedent Mohammed Shaw. See First Amended Complaint, ECF No. 14. Defendants move to

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dismiss, observing that claims of a decedent can be asserted only by the heirs under California Code

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of Civil Procedure 377.60 or by satisfying the requirements of California Code of Civil Procedure

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Section 377.32. See Motion, ECF Nos. 15 & 15-1. Plaintiffs do not dispute this standard. See

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Opposition, ECF No.17. To cure any error, Plaintiffs propose filing an amended complaint, which

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they attach to their opposition. See id. In their reply, Defendants do not oppose the filing of the

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amended complaint but point out that the proposed amended complaint contains language that

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requires correction. Reply, ECF No. 18. Specifically, paragraphs 21 and 22 of the proposed second

ORDER (C 13-04516 LB)

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amended complaint assert that “plaintiffs” (plural) are entitled to recover wrongful death damages,

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and Defendants suggest that only C.E.W. (the sole heir of decedent Mohammad Shah) has standing.

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See id.

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Under the circumstances, the court grants the motion to dismiss, gives Plaintiffs leave to file an

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amended complaint within 7 days, and directs Plaintiffs to correct any deficiencies before filing their

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complaint.

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This disposes of ECF No. 15.

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IT IS SO ORDERED.

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Dated: January 22, 2014

_______________________________
LAUREL BEELER
United States Magistrate Judge

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For the Northern District of California

UNITED STATES DISTRICT COURT

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ORDER (C 13-04516 LB)

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