M.S. EX REL. SHAFER v. CITY OF FONTANA

Case No. 5:16-CV-02498-JGB (DTBx).

M.S., a minor by and through her Guardian Ad Litem MELISSA SHAFER; and VINCENT AVILA, individually, Plaintiff, v. CITY OF FONTANA; Officer SHAWN MICHELS; and DOES 1-10, inclusive, Defendants.

United States District Court, C.D. California.

Editors Note
Applicable Law: 42 U.S.C. § 1983
Cause: 42 U.S.C. § 1983 Civil Rights Act
Nature of Suit: 440 Civil Rights: Other
Source: PACER


Attorney(s) appearing for the Case

M.S., Plaintiff, represented by Dale K. Galipo , Law Offices of Dale Galipo.

M.S., Plaintiff, represented by Hang Dieu Le , Law Offices of Dale Galipo.

Vincent Avila, Plaintiff, represented by Hang Dieu Le , Law Offices of Dale Galipo & Dale K. Galipo , Law Offices of Dale Galipo.

City of Fontana, Defendant, represented by Amgad Michael Sabongui , Rinos and Martin LLP & Linda Bernatz Martin , Rinos and Martin LLP.

Officer Shawn Michels, Defendant, represented by Chariese Reanne Solorio , Lynberg and Watkins, Pancy Lin , Lynberg and Watkins PC & S. Frank Harrell , Lynberg and Watkins APC.


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 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.


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