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M.S. EX REL. SHAFER v. CITY OF FONTANA, 5:16-CV-02498-JGB (DTBx). (2017)

Court: District Court, C.D. California Number: infdco20170714681 Visitors: 3
Filed: May 24, 2017
Latest Update: May 24, 2017
Summary: ORDER GRANTING JOINT STIPULATION TO DISMISS CLAIMS AND STRIKE LANGUAGE IN PLAINTIFFS' FIRST AMENDED COMPLAINT JESUS G. BERNAL , District Judge . Having reviewed the Stipulation between Plaintiffs M.S., a minor by and through her Guardian Ad Litem MELISSA SHAFER; and VINCENT AVILA, individually and Defendant CITY OF FONTANA, regarding Plaintiffs' First Amended Complaint, and GOOD CAUSE APPEARING THEREFORE, it is hereby ORDERED that: a. Plaintiffs M.S., a minor by and through her Guardian Ad
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ORDER GRANTING JOINT STIPULATION TO DISMISS CLAIMS AND STRIKE LANGUAGE IN PLAINTIFFS' FIRST AMENDED COMPLAINT

Having reviewed the Stipulation between Plaintiffs M.S., a minor by and through her Guardian Ad Litem MELISSA SHAFER; and VINCENT AVILA, individually and Defendant CITY OF FONTANA, regarding Plaintiffs' First Amended Complaint, and GOOD CAUSE APPEARING THEREFORE, it is hereby ORDERED that:

a. Plaintiffs M.S., a minor by and through her Guardian Ad Litem MELISSA SHAFER; and VINCENT AVILA's fifth, sixth, and seventh claims for relief against Defendant CITY OF FONTANA are dismissed, without prejudice; b. Plaintiff VINCENT AVILA's claims as to the eighth, ninth, and tenth claims for relief (false imprisonment, battery and negligence) against Defendant CITY OF FONTANA is dismissed without prejudice; c. As to the eighth claim for relief (false imprisonment), the language regarding "wrongful death damages" is deemed stricken; d. As to the eighth, ninth, and tenth claims for relief (false imprisonment, battery and negligence), the language regarding "attorney fees" is deemed stricken.

IT IS SO ORDERED.

Source:  Leagle

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