Fleming v. City of Oceanside et al

Plaintiff: Hugh Fleming
Defendant: Oceanside, City of, Rob Dunham and Does 1 through 10, Inclusive
Case Number: 3:2010cv01090
Filed: May 19, 2010
Court: California Southern District Court
Office: San Diego Office
County: San Diego
Presiding Judge: Larry Alan Burns
Nature of Suit: Employment
Cause of Action: 42:1981
Jury Demanded By: Defendant

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed#Document Text
January 19, 2011 17 Opinion or Order of the Court 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 12 Opinion or Order of the Court 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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Plaintiff: Hugh Fleming
Represented By: William N Woodson, III
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Defendant: Oceanside, City of
Represented By: Anne Marie Perrigo
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Defendant: Rob Dunham
Represented By: Anne Marie Perrigo
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Defendant: Does 1 through 10, Inclusive
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