James v. Contra Costa County
- Susan Illston
- 3:22-cv-05939
- U.S. District Court · Northern District of California
- 1
In James v. Contra Costa County, Judge Illston ordered plaintiffs to file a required survivorship declaration by April 10, 2023.
The plaintiffs, who bring the action as survivors of their son, must file a California Code of Civil Procedure section 377.32 declaration by April 10, 2023.
What happened
In James v. Contra Costa County, the plaintiffs bring a civil-rights case under federal law as survivors of their son against Contra Costa County.
The court stated that California law requires people bringing a survivorship action to file a declaration showing that they meet the requirements for doing so. The plaintiffs had not filed that declaration.
Judge Susan Illston directed the plaintiffs to file the declaration under California Code of Civil Procedure section 377.32 by April 10, 2023. The order did not decide the underlying civil-rights claims.
The detailed version
- James v. Contra Costa County · No. 3:22-cv-05939
- Susan Illston
- Mar. 30, 2023
Background
The plaintiffs bring an action under 42 U.S.C. § 1983 as survivors of their son. A survivorship action allows a claim connected to a deceased person to be pursued under applicable state-law requirements.
Court’s Analysis
The court explained that the party seeking to bring a survivorship action must show that state law authorizes the action and that the plaintiff satisfies the state’s requirements. California Code of Civil Procedure section 377.30 addresses the requirements for standing to bring a survivorship action. Section 377.32 requires a plaintiff bringing such an action to file a declaration showing that the survivorship requirements are met.
The plaintiffs had not filed the declaration required by section 377.32.
Disposition
Judge Susan Illston directed the plaintiffs to file the declaration no later than April 10, 2023. The order addressed the required filing and did not rule on the merits of the plaintiffs’ claims against Contra Costa County.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.