Reyes v. County of Alameda

Background

Vanessa Reyes, Raymond Christopher Reyes, Sr., Yasmin Reyes, and minor R.R. sued the County of Alameda and Wellpath, Inc. after Raymond Christopher Reyes died while incarcerated in Santa Rita Jail. The complaint alleges that he expressed suicidal thoughts during booking, that jail staff did not place him on suicide watch, and that he allegedly ingested methamphetamine while under supervision. Jail deputies attempted to revive him with naloxone.

The complaint asserted ten claims, including claims under 42 U.S.C. § 1983, a federal civil-rights statute; a claim under Monell for municipal liability; negligence; failure to summon medical care under California Government Code § 845.6; wrongful death; intentional infliction of emotional distress; and medical negligence. The defendants moved to dismiss some claims under Federal Rule of Civil Procedure 12(b)(6), which tests whether the complaint adequately states a legally recognized claim.

Rulings on the Motion

In opposing the motion, the plaintiffs agreed to dismiss their second, third, ninth, and tenth claims, the eighth claim as to Raymond Christopher Reyes’s parents, and their requests for injunctive relief and punitive damages.

The court dismissed the sixth claim for negligence and the eighth claim for wrongful death against the County because they duplicated the seventh claim under section 845.6. The court also dismissed the first and fourth section 1983 claims against the County because the fifth claim already asserted the municipal-liability theory for the County. The court found amendment would be futile and dismissed the first, fourth, sixth, and eighth claims as to the County with prejudice.

The court did not dismiss the remaining claims against Wellpath or the fifth claim for municipal liability against the County. After accounting for the voluntarily withdrawn claims, the remaining claims were the first and fourth section 1983 claims against Wellpath; the fifth claim against the County under Monell; the sixth claim for negligence against Wellpath; and the seventh claim under California Government Code § 845.6 against both defendants. Vanessa Reyes and minor R.R. also retained the eighth claim against Wellpath.

Survival Claims and Guardian ad Litem

The defendants argued that the plaintiffs had not completed the procedural requirements for bringing survival claims—claims that continue after a person’s death—under California Code of Civil Procedure section 377.32. That statute requires specified declarations and a certified copy of the decedent’s death certificate. The plaintiffs filed declarations and a request concerning Vanessa Reyes’s appointment as guardian ad litem for R.R., but the court identified filing defects and noted that the death certificate was not attached.

The court granted the request to appoint Vanessa Reyes as guardian ad litem for R.R. It required the plaintiffs to file complete, compliant declarations by September 8, 2020. The court warned that failing to do so might result in dismissal of the survival claims.

Disposition

The defendants’ motion to dismiss was granted in part and denied in part. The specified claims against the County were dismissed with prejudice, while the listed claims against Wellpath and the County remained subject to the required survival-claim filings.