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TABARES v. CITY OF HUNTINGTON BEACH

No. 19-56035.

988 F.3d 1119 (2021)

Tiffany TABARES, individually and as successor-in-interest to Dillan Tabares, Plaintiff-Appellant, v. CITY OF HUNTINGTON BEACH; Eric Esparza, an individual; Does, 1-10, inclusive, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed February 17, 2021.

Attorney(s) appearing for the Case

Catherine Sweetser , (argued) Paul Hoffman , and John Washington , Schonbrun Seplow Harris Hoffman & Zeldes LLP, Los Angeles, California, for Plaintiff-Appellant.

Daniel S. Cha , (argued) and Pancy Lin , Senior Deputy City Attorney; Brian L. Williams , Chief Trial Counsel; Michael E. Gates , City Attorney; Office of the City Attorney, Huntington Beach, California; for Defendants-Appellees.

Before: Paul J. Kelly, Jr., Ronald M. Gould, and Ryan D. Nelson, Circuit Judges.

OPINION

Dillan Tabares was fatally shot seven times by a police officer in front of a 7-Eleven. Tiffany Tabares brought federal and California law claims in response to her son's death (appealing only the state negligence claim). We address the material difference...

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