Leonard J Porto v. City of Laguna Beach et al
| Leonard J Porto, III |
| City of Laguna Beach and Does |
| 8:2008cv00547 |
| May 14, 2008 |
| US District Court for the Central District of California |
| Southern Division - Santa Ana Office |
| Orange |
| David O. Carter |
| Marc L. Goldman |
| Civil Rights: Other |
| 28 U.S.C. ยง 1331 Federal Question: Other Civil Rights |
| None |
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Filing
70
MINUTES OF IN CHAMBERS ORDER by Judge David O. Carter, GRANTING IN PART AND DENYING IN PART MOTION to Dismiss 64 : After reviewing the moving, opposing, and replying papers, and for the reasons set forth below, the Court GRANTS IN PART and DENIES IN PART Defendants' Motion. (See document for further details.) For the foregoing reasons, the Court DENIES Defendants Motion to Dismiss Plaintiff's first cause of action against Officer Donohue for excessive force. However, Plaintiffs second, third, fourth, fifth, and sixth causes of action are DISMISSED WITH PREJUDICE. Plaintiff does not have leave to amend any of these claims. The Clerk shall serve this minute order on all parties to the action. (rla)
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Filing
52
MINUTES OF IN CHAMBERS ORDER by Judge David O. Carter: GRANTING MOTION to Dismiss Action Pursuant to FRCP Rule 12(b)(6) 48 . (See document for further details.) For the foregoing reasons, Defendants' Motion to dismiss all claims against Defenda nt Donohue in his official capacity and against Defendant City is GRANTED as to claim one without leave to amend. See Polich v. Burlington Northern, Inc., 942 F.2d 1467, 1472 (9th Cir. 1991) ("Dismissal without leave to amend is improper unless it is clear that the complaint could not be saved by any amendment."). Defendants' Motion to dismiss Plaintiff's second, third, fourth, fifth, sixth, and eleventh claims is GRANTED without leave to amend. Id. Defendants' Motion t o dismiss Plaintiff's state tort claims (seventh, eighth, ninth, and tenth claims for relief) for failure to show compliance with the Claims Act is GRANTED with twenty days leave to amend from the date of this Order. Id. The Clerk shall serve this minute order on all parties to the action. (rla)
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