Sarah DeLuca v. County of Los Angeles et al
| Sarah DeLuca |
| County of Los Angeles, Does, Officer Michael Fairbanks, Byron Holloway, Los Angeles County Sheriff's Department, John L Scott and Gerado Valdivia |
| 2:2015cv00344 |
| January 16, 2015 |
| US District Court for the Central District of California |
| Dolly M. Gee |
| Margaret A. Nagle |
| Civil Rights: Other |
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Filing
46
MINUTES (IN CHAMBERS) by Judge Dolly M. Gee: ORDER RE DEFENDANTS MOTIONS TO DISMISS, MOTION FOR MORE DEFINITE STATEMENT, AND MOTION TO STRIKE 26 , 30 , 37 . Defendants motion to dismiss is GRANTED in part and DENIED in part as follows: 1. To the e xtent Plaintiffs section 1983 claims are based on a violation of Plaintiffs Fourteenth Amendment substantive and procedural due process rights,Defendants motion is GRANTED without leave to amend; 2. Defendants motion to dismiss as to Plaintiffs secti on 1983 claim forunreasonable seizure and excessive force is GRANTED with leave to amend;3. Defendants motion to dismiss as to Plaintiffs section 1983 entity claims isGRANTED with leave to amend; 4. Defendants motion to dismiss LASD is GRANTED withou t leave to amend; 5. To the extent Plaintiff alleges that the County is directly liable for tort claims, Defendants motion is GRANTED without leave to amend; 6. Defendants motion as to Plaintiffs Bane Act claim is GRANTED with leave to amend; 7. Defe ndants motion as to Plaintiffs battery and assault claims are GRANTED with leave to amend; 8. Defendants motion to dismiss is otherwise DENIED; 9. Defendants motion for a more definite statement is DENIED; and 10. DeLuca shall file an amended complaint, or notify Defendants that she does not intend to amend, within 15 days after the date of this Order. Defendants shall file their response within 15 days after the deadline for service of any amended complaint. (lc)
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