Fleming v. City of Oceanside et al
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|Date Filed||#||Document Text|
|January 19, 2011
ORDER on Defendants' Motion to Strike; the Court finds that Fleming's candidacy for the position of Battalion Chief in the Oceanside Fire Department implicated a matter of public interest; the Court also finds, though, that Fleming has esta blished a probability of prevailing on the merits of his claim; the Defendants' motion to strike under California's anti-SLAPP statute is denied; the Court does not find that the motion is frivolous, however, and it denies Fleming's request for fees and costs; Signed by Judge Larry Alan Burns on 1/19/11.(kaj)
|December 14, 2010
ORDER on Defendants' Motion to Dismiss 2 ; Fleming's racial discrimination and libel claims are dismissed with leave to amend, assuming he can demonstrate compliance with the Tort Claims Act; Fleming's false light and invasion of priv acy claims are dismissed without leave to amend; the Court finds that amendment of those claims would be futile; finally, the Defendants' motion to strike 3 is denied; Fleming may file an amended complaint within 14 days of the date this order is entered; Signed by Judge Larry Alan Burns on 12/8/10. (kaj)
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