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1465 REVIEW GRANTED In an action under the federal Civil Rights Act brought against a municipality on behalf of a decedent for sexual harassment resulting in emotional distress but no economic damages, the portion of the California survival statute prohibiting the recovery of damages for emotional distress suffered by a decedent is inconsistent with and pre-empted by federal law.CitationCOUNTY OF LA v SUPERIOR COURT (Surviving Discrimination) 50 CA4 1453 [See: 42 USC 1983; CCP 377.34; Robertson v Wegmann 436 US 584; Garcia v Superior Court 42 CA4 177, T/AT 3/96; Newport v Fact 453 US 247]
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