I.A., et al v. City of Redondo Beach, et al, No. 2:2020cv06447 - Document 41 (C.D. Cal. 2020)
Court Description: ORDER GRANTING MOTION TO DISMISS, 28 by Judge Dean D. Pregerson: Plaintiffs Fourth, Fifth, Sixth, Seventh, Eighth, and Ninth Causes of Action are DISMISSED,with leave to amend. Any amended complaint shall be filed by November 30, 2020. IT IS SO ORDERED. (shb)
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I.A., et al v. City of Redondo Beach, et al Doc. 41 1 2 O 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 12 I.A., a minor by and through Guardian Ad Litem, Willnicka ReneePollarda, et al., 13 Plaintiff, 14 15 v. CITY OF REDONDO BEACH, a municipality, JOHN ANDERSON, 16 Defendants. 17 ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. CV 20-06447 DDP (JPRx) ORDER GRANTING DEFENDANTS’ MOTION TO DISMISS [Dkt. 28] 18 Presently before the court is Defendants’ Motion to Dismiss 19 potions of Plaintiffs’ First Amended Complaint (“FAC”). Having 20 considered the submissions of the parties and heard oral argument, 21 the court grants the motion and adopts the following Order. 22 II. Background 23 On July 26, 2018, marked and unmarked police vehicles 24 approached Sergio Richard Acosta, Jr. (“Decedent”) in front of a 25 residence in Redondo Beach, California. (FAC ¶ 20.) Officers shot 26 and killed Decedent. (Id.) Decedents’ parents, Plaintiff Sergio 27 Acosta and Delmy Acosta Arely, and his minor child, Plaintiff I.A., 28 Dockets.Justia.com 1 brought the instant suit against the City of Redondo Beach (“the 2 City”), Officer John Anderson, and several Doe defendants. 3 Plaintiffs allege that, beginning in September 2018, they 4 sought public record information from the City regarding Decedent’s 5 death, including audio recordings of 911 calls. 6 December, a homicide detective informed Plaintiffs’ investigator 7 that the City’s investigation was ongoing, and that no information 8 would be released until the conclusion of the investigation. 9 ¶ 12.) 10 2019. 11 (FAC ¶ 11.) In (FAC The same detective repeated a similar assertion in August (FAC ¶ 14.) In March 2020, the detective confirmed that the City’s 12 investigation was complete, and stated that the Los Angeles County 13 District Attorney’s Office was reviewing the findings. 14 That remained the case as of June 2020, when Plaintiffs filed their 15 original Complaint in this action. 16 District Attorney’s office provided Plaintiffs with a memorandum 17 summarizing the findings of the District Attorney’s Office Justice 18 System Integrity Division. 19 (Id.) On August 24, 2020, the (FAC ¶ 17.) Defendants now move to dismiss Plaintiffs’ municipal liability 20 claims, as well as all claims brought under state law. 21 II. 22 (FAC ¶ 15.) Legal Standard A complaint will survive a motion to dismiss when it 23 “contain[s] sufficient factual matter, accepted as true, to state a 24 claim to relief that is plausible on its face.” 25 556 U.S. 662, 678 (2009)(quoting Bell Atl. Corp. v. Twombly, 550 26 U.S. 544, 570 (2007)). When considering a Rule 12(b)(6) motion, a 27 court must “accept as true all allegations of material fact and 28 must construe those facts in the light most favorable to the 2 Ashcroft v. Iqbal, 1 plaintiff.” Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir. 2000). 2 Although a complaint need not include “detailed factual 3 allegations,” it must offer “more than an unadorned, 4 the-defendant-unlawfully-harmed-me accusation.” Iqbal,556 U.S. at 5 678. 6 statement of a legal conclusion “are not entitled to the assumption 7 of truth.” Id. at 679. In other words, a pleading that merely 8 offers “labels and conclusions,” a “formulaic recitation of the 9 elements,” or “naked assertions” will not be sufficient to state a Conclusory allegations or allegations that are no more than a 10 claim upon which relief can be granted. Id. at 678 (citations and 11 internal quotation marks omitted). 12 “When there are well-pleaded factual allegations, a court 13 should assume their veracity and then determine whether they 14 plausibly give rise to an entitlement of relief.” Id. at 1950. 15 Plaintiffs must allege “plausible grounds to infer” that their 16 claims rise “above the speculative level.” Twombly, 550 U.S. at 17 555-56. 18 for relief” is “a context-specific task that requires the reviewing 19 court to draw on its judicial experience and common sense.” Iqbal, 20 556 U.S. at 679. 21 III. Discussion “Determining whether a complaint states a plausible claim 22 A. 23 Plaintiffs’ fifth through ninth causes of action assert Exhaustion of state remedies 24 various claims under California state law. 25 plaintiff may not bring a tort claim against a public entity or 26 employee without first complying with California’s Tort Claims Act. 27 Dragasits v. Rucker, No. 18-CV-0512-WQH-AGS, 2020 WL 264519, at *3 28 (S.D. Cal. Jan. 17, 2020); Mahach-Watkins v. Depee, No. C 05-1143 3 Under California law, a 1 SI, 2005 WL 1656887, at *4 (N.D. Cal. July 11, 2005). Among the 2 Act’s requirements is that plaintiffs present a claim to state 3 authorities within six months after the accrual of the cause of 4 action. 5 3. 6 they timely presented any such claim, the state law causes of 7 action must be dismissed. Cal. Gov. Code § 911.2(a); Dragasits, 2020 WL 264519, at * Defendants contend that, because Plaintiffs do not allege that (Motion at 6-7.) 8 Plaintiffs respond, and allege in the FAC, that Defendants are 9 estopped from asserting any exhaustion argument “because Defendants 10 refused to provide Plaintiffs with any information regarding 11 Decedent’s death . . . .” 12 public entity may be estopped from asserting the limitations of the 13 claims statute where its agents or employees have prevented or 14 deterred the filing of a timely claim by some affirmative act.” 15 City of Stockton v. Superior Court, 42 Cal. 4th 730, 744 (2007) 16 (internal quotation marks omitted). 17 results from misleading statements about the need for or 18 advisability of a claim; actual fraud or the intent to mislead is 19 not essential.” 20 plaintiff seeking to estop a public entity bears the burden of 21 showing by a preponderance of the evidence that “(1) the public 22 entity was apprised of the facts, (2) it intended its conduct to be 23 acted upon, (3) plaintiff was ignorant of the true state of facts, 24 and (4) relied upon the conduct to his detriment.” 25 Christopher P. v. Mojave Unified Sch. Dist., 19 Cal. App. 4th 165, 26 170, 23 Cal. Rptr. 2d 353, 357 (1993). (FAC ¶ 18.) “It is well settled that a “Estoppel most commonly Id. (internal quotation marks omitted). A 27 Here, although Plaintiffs correctly identify the elements of 28 estoppel, they do not point to or allege any misrepresentation or 4 1 affirmative act that dissuaded Plaintiffs from filing a tort 2 claim.1 3 Indeed, the timing of the Integrity Division’s report was 4 consistent with detectives’ repeated alleged representations that 5 an investigation was either ongoing or awaiting the District 6 Attorney’s review. 7 City was not required to release the sought information under those 8 circumstances. 9 claim, therefore, fails. 10 Plaintiff does not appear to dispute that the See Cal. Gov. Code § 6254(f). Plaintiffs’ estoppel Plaintiffs also contend, however, that their failure to file a 11 tort claim does not bar their state law causes of action here 12 because the causes of action did not accrue until August 24, 2020, 13 when the Integrity Division released its report to Plaintiffs. 14 (Opposition at 11-12.) The discovery rule “postpones accrual of a 15 cause of action until the plaintiff discovers, or has reason to 16 discover, the cause of action.” 17 35 Cal. 4th 797, 807 (2005). 18 cause of action when he or she has reason at least to suspect a 19 factual basis for its elements.” 20 omitted). “[P]laintiffs are charged with presumptive knowledge of 21 an injury if they have information of circumstances to put them on 22 inquiry or if they have the opportunity to obtain knowledge from 23 sources open to their investigation.” 24 quotation marks and alterations omitted). Fox v. Ethicon Endo-Surgery, Inc., “A plaintiff has reason to discover a Id. (internal quotation marks Id. at 807-08 (internal 25 1 26 27 28 At oral argument, Plaintiffs’ referred to a City press release that conflicted with the version of events recounted in the DA’s report. The FAC, however, makes no reference to this press release or any other affirmative statement from the City, aside from the detectives’ repeated assertions that the investigation was ongoing. 5 1 Although the FAC alleges that the Integrity Division’s memo 2 revealed “new facts supporting Plaintiffs’ causes of action that 3 Plaintiffs could not have reasonably discovered,” neither the FAC 4 nor Plaintiff’s opposition states what those facts are. 5 17.) 6 plaintiff must state when the discovery was made, the circumstances 7 behind the discovery, and plead facts showing that the failure to 8 discover was reasonable, justifiable and not the result of a 9 failure to investigate or act.” (FAC ¶ “In order to raise the issue of belated discovery, the Bastian v. Cty. of San Luis 10 Obispo, 199 Cal. App. 3d 520, 527 (1988). 11 of these three requirements are satisfied here, this Court cannot 12 conclude that Plaintiffs’ failure to discover the “new facts” was 13 reasonable or justifiable without knowing what those “new facts” 14 entail. 15 state law claims, as currently pleaded. 16 17 B. Although the first two The California Tort Claims Act therefore bars Plaintiffs’ Monell claims Plaintiffs’ Fourth Cause of Action asserts a Monell claim on 18 unconstitutional practice or custom, failure to train, and 19 ratification theories. 20 of New York, 436 U.S. 658 (1978). 21 Plaintiffs allege only that officers “acted and/or failed to act 22 pursuant to an expressly adopted official policy or a widespread or 23 longstanding practice or custom of Defendant City,” with no further 24 explanation of what the City’s express policy or longstanding 25 practice is. 26 Los Angeles, 266 F. Supp. 3d 1213, 1220 (C.D. Cal. 2017), contend 27 that such an allegation, made on information and belief, is 28 sufficient because evidence regarding the City’s policy is in the See Monell v. Dep’t of Soc. Servs. of City (FAC ¶ 49.) With respect to the former, Plaintiffs, citing Duronslet v. Cty. of 6 1 City’s exclusive possession. Plaintiffs’ reliance on Duronslet, 2 however, is misplaced. 3 have permitted plaintiffs to plead ultimate facts solely on 4 information and belief where the underlying evidence is ‘peculiarly 5 in the defendant’s possession and control.’” 6 Supp. 3d at 1221 (quoting Arista Records, LLC v. Doe 3, 604 F.3d 7 110, 120 (2d Cir. 2010).) 8 specific policy may be pleaded on information and belief, however, 9 is separate from the question whether a specific policy need be There, the court indeed stated that “courts Duronslet, 266 F. The question whether the existence of a 10 pleaded in the first instance. 11 merely plead that the defendant County had an unconstitutional 12 policy, but rather identified a specific policy of treating 13 detainees and minors under the supervision of the Department of 14 Children and Family Services according to assigned sex at birth, 15 regardless of individual circumstances or gender identity. 16 Duronslet, 266 F.3d at 1220. 17 as specific. 18 may benefit from discovery, the Supreme Court has made it clear 19 that threadbare allegations are insufficient to ‘unlock the doors 20 of discovery for a plaintiff armed with nothing more than 21 conclusions.’” 22 1196 (E.D. Cal. 2011) (quoting Iqbal, 556 U.S. at 678-79). 23 In Duronslet, the plaintiff did not The allegations here are nowhere near As other courts have explained, “[a]lthough plaintiff Via v. City of Fairfield, 833 F. Supp. 2d 1189, With respect to failure to train, generally, a plaintiff can 24 only succeed by showing a pattern of violations. 25 Thompson, 563 U.S. 51, 64, 70 (2011); see also Dillman v. Tuolumne 26 Cty., No. 1:13-CV-00404 LJO, 2013 WL 1907379, at *14 (E.D. Cal. May 27 7, 2013). 28 program must be closely related to the ultimate injury.” Connick v. Furthermore, “the identified deficiency in the training 7 City of 1 Canton, Ohio v. Harris, 489 U.S. 378, 379 (1989). 2 conclusory allegation that “the training policies of Defendant City 3 were not adequate to train its peace officers to properly 4 administer the use of deadly force” satisfies neither of these 5 prescriptions. 6 Plaintiffs’ Plaintiffs’ ratification allegations are even more conclusory. 7 The FAC alleges only that, upon information and belief, “an 8 official with final policymaking authority for Defendant City 9 ratified the unlawful actions and/or omissions of Defendant 10 Anderson” and other officers. 11 formulaic recitation of the elements of a ratification claim. 12 Gillette v. Delmore, 979 F.2d 1342, 1346–47 (9th Cir. 1992) 13 (plaintiff may establish Monell liability by proving “that an 14 official with final policy-making authority ratified a 15 subordinate’s unconstitutional decision or action and the basis for 16 it.”). 17 18 (FAC ¶ 52.) This is no more than a See Accordingly, Plaintiffs’ Monell claim must be dismissed. IV. Conclusion 19 For the reasons stated above, Plaintiffs’ Fourth, Fifth, 20 Sixth, Seventh, Eighth, and Ninth Causes of Action are DISMISSED, 21 with leave to amend. 22 November 30, 2020. Any amended complaint shall be filed by 23 IT IS SO ORDERED. 24 25 26 Dated: November 2, 2020 27 DEAN D. PREGERSON United States District Judge 28 8
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