ROHR v. CRIME VICTIMS COMPENSATION COMMISSION (2018)

MEMORANDUM **

Claudia J. Rohr appeals pro se from the district court’s summary judgment in her Americans with Disabilities Act action brought on behalf of the estate of Scott Leland Andrews, her deceased husband. We have jurisdiction under 28 U.S.C. § 1291. We review de novo cross-motions for summary judgment. Guatay Christian Fellowship v. County of San Diego, 670 F.3d 957, 970 (9th Cir. 2011). We reverse and remand.

The district court granted summary judgment for defendant on the basis that Rohr lacked standing to bring this action on behalf of her deceased husband’s estate. However, the record shows that prior to Rohr initiating this action, the Hawaii Intermediate Court of Appeals granted Rohr’s motion for substitution as a party in Andrews’ state court case because Rohr made a sufficient showing that she is the legal representative of Andrews’ estate. We reverse the district court’s summary judgment on the basis that Rohr lacked standing to bring this action and remand for further proceedings.

In light of our disposition, we do not consider the district court’s denial of Rohr’s motion for reconsideration.

On remand, the district court can consider in the first instance whether summary judgment is appropriate on an alternate basis.

REVERSED and REMANDED.