Pogue v. Cnty. of San Diego

1 Citing case

  1. Anderson v. Cnty. of Fresno

    1:21-cv-01134-ADA-SAB (E.D. Cal. Apr. 3, 2023)   Cited 5 times

    (“Courts in this Circuit have accordingly found that even though the Bane Act is not a wrongful death provision, a decedent's successor-in-interest has standing to assert a Bane Act claim on the decedent's behalf . . . [and] [t]his Court agrees.”); Pogue v. Cnty. of San Diego, No. 21-CV-309 TWR (MDD), 2022 WL 184666, at *7 n.3 (S.D. Cal. Jan. 19, 2022) (“Defendants' position is based on an erroneous interpretation of [BART,]an interpretation that district courts in the Ninth Circuit have repeatedly rejected . . . [and] therefore declines to conclude that Plaintiff lacks standing to assert her Bane Act cause of action on Decedent's behalf.”).