Summary
dismissing Rehabilitation Act claim since the plaintiff "failed to sufficiently allege that defendants knew that she was disabled."
Summary of this case from Hollander v. Rainier Sch. Dist.Opinion
Case No. CV 11-0677-MMM (DTB)
11-07-2012
MERCYLYN BEZI, Plaintiff, v. WIL CAMACHO, ET AL. Defendants.
ORDER ACCEPTING FINDINGS,
CONCLUSIONS AND
RECOMMENDATIONS OF UNITED
STATES MAGISTRATE JUDGE
Pursuant to 28 U.S.C. § 636, the Court has reviewed the Fourth Amended Complaint, all the records and files herein, and the Report and Recommendation of the United States Magistrate Judge. No objections to the Report and Recommendation have been filed herein. The Court concurs with and accepts the findings, conclusions and recommendations of the Magistrate Judge.
IT THEREFORE IS ORDERED that defendant Western National Group's Motion to Dismiss the Third Amended Complaint is granted; that defendant Western National Group's Motion to Dismiss the Fourth Amended Complaint is granted; that defendant Anaheim Housing Authority's Motion to Dismiss the Third and Fourth Amended Complaints is granted; that all of plaintiff's federal civil rights claims alleged against Monte Verde Apartment Homes, Western National Group, and Kyle Kien are dismissed without leave to amend; that plaintiff's VAWA claim is dismissed without leave to amend; and that plaintiff's claims arising under the Equal Protection Clause, the Fourteenth Amendment, the FFHA, the Rehabilitation Act, and the ADA are denied with leave to amend. Plaintiff is ORDERED, if she decides to proceed, to file a Fifth Amended Complaint remedying the deficiencies discussed in the Report and Recommendation within thirty (30) days of the date of this Order.
_______________
MARGARET M. MORROW
UNITED STATES DISTRICT JUDGE