Fang L Huang v. Craig Miller et al
| Fang L Huang |
| Toxic Epidemiology Program of LA Dept of Public Health, Does, G and K Management Co Inc, Jennifer Hecox, Craig Miller and Bureau of District Survillance and Enforcement |
| 2:2012cv00943 |
| February 2, 2012 |
| US District Court for the Central District of California |
| Christina A. Snyder |
| Andrew J. Wistrich |
| Civil Rights: Americans with Disabilities - Employment |
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Filing
71
MINUTES OF Motion Hearing held before Judge Christina A. Snyder RE: Defendants' Motions to Dismiss Plaintiff's Amended Complaint and Motions to Strike 44 , 45 , 46 , 47 . The Court GRANTS defendant County of Los Angeles's motion to dismiss plaintiff's claims for negligence and violations of sections 1983, 1985, and 1986 44 . The Court declines to exercise supplemental jurisdiction over plaintiff's remaining claims, and therefore DISMISSES all other claims without prejudice. (Made JS-6. Case Terminated.) Court Reporter: Laura Elias. (gk)
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Filing
39
MINUTES OF Motion Hearing held before Judge Christina A. Snyder RE: Defendant G&K's Motion to Dismiss and Motion to Strike 29 ; Defendant Hecox's Motion to Dismiss and Motion to Strike 30 ; Defendant Miller's Motion to Dismiss and Mo tion to Strike 11 ; Plaintiff's Motion for Leave to File Amended Complaint 18 . The Court hereby DENIES defendant G&K's motion to dismiss for lack of subject matter jurisdiction, GRANTS its motion to dismiss for failure to state a claim w ithout prejudice, and DENIES its motion to strike as moot. The Court hereby DENIES defendant Hecox's motion to dismiss for lack of subject matter jurisdiction, GRANTS her motion to dismiss for failure to state a claim without prejudice and DENIE S her motion to strike as moot. The Court hereby DENIES defendant Miller's motion to dismiss for lack of subject matter jurisdiction, GRANTS his motion to dismiss for failure to state a claim without prejudice, and DENIES his motion to strike as moot. The Court DENIES plaintiff's motion for leave to amend as moot. Plaintiff shall file an amended complaint addressing the deficiencies noted herein within 30 days. The Court admonishes plaintiff that failure to timely file an amended complaint may result in the dismissal of her case with prejudice. Court Reporter: Laura Elias. (gk)
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Filing
7
MINUTES (IN CHAMBERS) ORDER TO SHOW CAUSE WHY CASE SHOULD NOT BE DISMISSED FOR LACK OF SUBJECT MATTER JURISDICTION by Judge Christina A. Snyder: The only federal claim asserted by plaintiff is that defendants violated 42 U.S.C. Sections 1983 et seq. vis a vis their alleged violation of Cal. Health & Safety Code Section 26105 (failure to repair premises and disclose defects). However, plaintiff has not pointed to any federal civil right that defendants may have violated. Nor has plaintiff cited a ny authority suggesting that a state actor's general failure to provide a service amounts to a civil rights violation. Accordingly, because the complaint does not appear to assert a federal question pursuant to Section 1983, this Court appears to lack jurisdiction to entertain this action. Plaintiff is hereby ORDERED to SHOW CAUSE on or before 3/22/2012, why the instant action should not be dismissed for lack of subject matter jurisdiction. Court Reporter: Not Present. (gk)
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