STIPULATION TO DISMISSAL OF CERTAIN CLAIMS AGAINST THE COUNTY OF KERN BASED UPON ALLEGED POLICIES, PRACTICES AND CUSTOMS OF THE KERN COUNTY SHERIFF'S OFFICE ACTS AND/OR ACTS AND OMISSIONS OF KERN COUNTY SHERIFF EMPLOYEES

[Filing fee exemption for government entity pursuant to Government Code § 6103]

LAWRENCE J. O'NEILL, Chief District Judge.

WHEREAS the parties have met and conferred for the purpose of determining whether issues can be resolved without the necessity of the filing of a motion for summary judgment and/or adjudication, as required by the Court's Scheduling Order in this matter (Doc. No. 39).

IT IS HEREBY STIPULATED BY AND BETWEEN PLAINTIFF, JOHN SCALIA and DEFENDANT, COUNTY OF KERN, by and through their respective attorneys of record, that the following claims against the COUNTY OF KERN, only to the extent said claims are based upon the alleged acts or omissions of the Kern County Sheriff's Office and/or Kern County Sheriff's Office employees as distinguished from Kern Medical Center, in this case be dismissed from this action, each side to bear their own costs:

1. As to the Second Cause of Action of Plaintiff's First Amended Complaint, all claims against the County of Kern contained therein which allege Monell and/or Supervisory Liability predicated upon Kern County Sheriff Office policies, practices and customs and the alleged ratification of any acts or omissions of Kern County Sheriff's Office employees pursuant to said policies, practices and customs are DISMISSED.

2. As to the Third Cause of Action of Plaintiff's First Amended Complaint, all claims against the County of Kern contained therein which pursuant to Cilvil Code Section 52.1(b) and which are predicated upon Kern County Sheriff's Office policies, practices and customs, and/or the acts or omissions of Kern County Sheriff's Office employees are DISMISSED.

3. As to the Fourth Cause of Action of Plaintiff's First Amended Complaint, all claims against the County of Kern based upon Government Code Section 845.6 are DISMISSED.

4. As to the Fifth Cause of Action of Plaintiff's First Amended Complaint, all claims against the County of Kern contained therein which are based upon Negligence and which are predicated upon Kern County Sheriff's Office policies, practices and customs, and/or the acts or omissions of Kern County Sheriff's Office employees are DISMISSED.

Defendant County of Kern remains a defendant in the Second, Third and Sixth Causes of Action, arising out of its ownership of Kern Medical Center. No motion for summary judgment/adjudication will be filed on behalf of Defendant County of Kern.

IT IS SO ORDERED.