Opinion
2:20-CV-03519-JGB (MAA)
12-13-2021
CAROL L. GONZALES, Plaintiff, v. CITY OF LOS ANGELES et al., Defendants.
ORDER ACCEPTING FINDINGS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE
JESUS G. BERNAL UNITED STATES DISTRICT JUDGE
Pursuant to 28 U.S.C. § 636, the Court has reviewed the First Amended Complaint, the other records on file herein, and the Report and Recommendation of the United States Magistrate Judge. The time for filing objections has expired and no objections have been made. The Court accepts the findings and recommendations of the Magistrate Judge.
IT THEREFORE IS ORDERED that:
1. The Report and Recommendation of the Magistrate Judge is ACCEPTED;
2. Defendant Amadou Kante's Motion to Dismiss the First Amended Complaint is GRANTED IN PART and DENIED IN PART as follows:
a. DENIED on the issue of Heck v. Humphrey, 512 U.S. 477 (1994), and Susag v. City of Lake Forest, 94 Cal.App.4th 1401 (2002), without prejudice to any party raising this issue again on summary judgment;
b. On the issue of Section 47(b) immunity: (i) DENIED as to assault and battery; (ii) GRANTED as to defamation, invasion of privacy, discrimination, and intentional infliction of emotional distress; and (iii) GRANTED as to harassment, negligent infliction of emotional distress, and negligence, to the extent these claims are based upon Defendant Kante's statements to the police
3. Plaintiffs First Amended Complaint is DISMISSED WITH PREJUDICE and WITHOUT LEAVE TO AMEND with respect to the following claims against Defendant Kante:
a. defamation, invasion of privacy, discrimination, and intentional infliction of emotional distress; and
b. harassment, negligent infliction of emotional distress, and negligence, to the extent these claims are based upon Defendant Kante's statements to the police.
4. Defendant Kante shall file an Answer to the First Amended Complaint no later than fourteen (14) days after the date of this Order.