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HERNANDEZ v. CITY OF POMONA

No. S149499.

46 Cal.4th 501 (2009)

___ Cal.Rptr.3d ___

___ P.3d ___

BONNIE HERNANDEZ, as Administrator, etc., et al., Plaintiffs and Appellants, v. CITY OF POMONA et al., Defendants and Respondents.

Supreme Court of California.

May 28, 2009.

Attorney(s) appearing for the Case

Moreno, Becerra, Guerrero & Casillas, Moreno, Becerra & Casillas, Danilo J. Becerra, Gregory W. Moreno, Arnoldo Casillas and Lizette V. Espinosa for Plaintiffs and Appellants.

Alvarez-Glasman & Colvin, Roger A. Colvin and Sean M. Beehler for Defendants and Respondents.

Dennis J. Herrera, City Attorney (San Francisco), Joanne Hoeper, Chief Trial Deputy, Danny Chou, Chief Appellate Attorney, and Peter J. Keith, Deputy City Attorney, for League of California Cities, California State Association of Counties and City and County of San Francisco as Amici Curiae on behalf of Defendants and Respondents.

OPINION

CHIN, J.—

We granted review in this case to consider the following question: When a federal court enters judgment in favor of the defendants on a civil rights claim brought under 42 United States Code section 1983 (section 1983), in which the plaintiffs seek damages for police use of deadly and constitutionally excessive force in pursuing a suspect, and the court then dismisses a supplemental state law wrongful death claim arising...

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