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GONZALEZ v. COUNTY OF LOS ANGELES, CV 16-7920 VBF (FFM). (2017)

Court: District Court, C.D. California Number: infdco20171107534 Visitors: 6
Filed: Nov. 03, 2017
Latest Update: Nov. 03, 2017
Summary: ORDER ACCEPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE VALERIE BAKER FAIRBANK , District Judge . Pursuant to 28 U.S.C. 636, the Court has reviewed the First Amended Complaint (the "FAC"); the motions to dismiss filed by defendants County of Los Angeles ("COLA"), Guadalupe Neri, Jesse Gonzalez, Rosario Mercado, Lisa Larson, and Sophia Baca (collectively, "Defendants"); the Final Report and Recommendation of the United States Magistrate Judge (the "Report"); the objecti
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ORDER ACCEPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE

Pursuant to 28 U.S.C. § 636, the Court has reviewed the First Amended Complaint (the "FAC"); the motions to dismiss filed by defendants County of Los Angeles ("COLA"), Guadalupe Neri, Jesse Gonzalez, Rosario Mercado, Lisa Larson, and Sophia Baca (collectively, "Defendants"); the Final Report and Recommendation of the United States Magistrate Judge (the "Report"); the objections thereto; and all relevant records herein. Good cause appearing, the Court concurs with and accepts the findings of fact, conclusions of law, and recommendations contained in the Report after having made a de novo determination of the portions to which objections were directed.

IT THEREFORE IS ORDERED that: (1) Claims I, III, IV, VI, and VIII are dismissed in their entirety, without leave to amend; (2) Claims II and V are dismissed with leave to amend; and (3) Claim VII is dismissed without leave to amend except as to plaintiff's claims that (a) Baca and Neri negligently inflicted emotional distress on or after May 10, 2015 by making false statements in the dependency proceedings, and (b) COLA is liable for the foregoing conduct.

Plaintiff is granted leave to file, if she so desires, a Second Amended Complaint (as to Claims II, V and VII only) curing the defects to (1) Claim II as to all defendants; (2) Claim V as to COLA; (3) and Claim VII as to Baca, Neri, and COLA within 30 days of the date of this order. Plaintiff is not to add any additional claims or defendants to her Second Amended Complaint.

Source:  Leagle

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