Marilyn Injeyan v. City of Laguna Beach et al

Filing 47

JUDGMENT by Judge Beverly Reid O'Connell, in favor of City of Laguna Beach, Detective Robert Rayhauser against Marilyn Injeyan. IT IS HEREBY ORDERED AND ADJUDGED that Plaintiff Marilyn Injeyan shall take nothing by way of her Complaint in this a ction, that the action shall be dismissed and judgment entered on the merits in favor of Defendants City of Laguna Beach and Sergeant Robert Rahaeuser. Defendants shall recover their costs of suit unless Plaintiff provides the Court with evidence to show that she is incapable of paying. Plaintiff is ordered to provide a declaration detailing any evidence bySeptember 25, 2013. FAILURE TO RESPOND RISKS IMPOSITION OF COSTS OF SUIT. Should Plaintiff respond, Defendants shall file a responsive declaration by October 2, 2013 (MD JS-6, Case Terminated). (rfi)

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RUTAN & TUCKER, LLP 1 PHILIP D. KOHN (State Bar No. 90158) City Attorney, City of Laguna Beach 2 pkohn@rutan.com AJIT S. THIND (State Bar No. 268018) 3 Deputy City Attorney athind@rutan.com 4 611 Anton Boulevard, Fourteenth Floor Costa Mesa, California 92626-1931 5 Telephone: (714) 641-5100 Facsimile: (714) 546-9035 6 Attorneys for Defendants 7 CITY OF LAGUNA BEACH and SERGEANT ROBERT RAHAEUSER 8 9 UNITED STATES DISTRICT COURT 10 CENTRAL DISTRICT OF CALIFORNIA 11 12 Plaintiff, 13 14 Case No. SACV 12-790 BRO (JPRx) MARILYN INJEYAN, JUDGMENT v. 15 CITY OF LAGUNA BEACH and DETECTIVE ROBERT RAYHAUSER, 16 DETECTIVE NATALIE LEAL, and DOES 1 through 10, inclusive, 17 Defendants. 18 19 20 21 22 23 24 25 26 27 28 Defendants City of Laguna Beach and Sergeant Robert Rahaeuser (collectively “Defendants”) filed a Motion for Summary Judgment or, in the alternative, Partial Summary Judgment (“Motion”) pursuant to Rule 56 of the Federal Rules of Civil Procedure. Plaintiff Marilyn Injeyan filed opposition to the Motion and Defendants filed a reply. On August 6, 2013, the Motion came on for hearing and counsel for Plaintiff and Defendants presented oral arguments. At the conclusion of the hearing, the Court took the matter under submission. After full and careful consideration of the evidence and the points and authorities submitted by the parties, and the oral arguments of counsel, the Court 2465/053733-0610 6108323.2 a09/11/13 JUDGMENT 1 finds that Defendants are entitled to Qualified Immunity. On August 30, 2013, the 2 Court filed its Minute Order granting the motion for summary judgment (“Order,” 3 Dkt. No. 44). 4 Prior to the filing of the Motion, the Court dismissed Defendant Detective 5 Natalie Leal from the action pursuant to a joint motion of the parties. Prior to the 6 filing of the Motion, Plaintiff notified Defendants of her intent to abandon her 7 Monell claims against Defendant City of Laguna Beach, and to abandon her claims 8 against Sergeant Robert Rahaeuser with respect to the Third and Fourth Claims for 9 Relief, and the Court hereby dismisses those claims. 10 All Doe Defendants are hereby dismissed from the action. 11 The Court having ordered entry of judgment as requested in the Motion for 12 the reasons set forth in the Order and good cause appearing therefor: 13 IT IS HEREBY ORDERED AND ADJUDGED that Plaintiff Marilyn Injeyan 14 shall take nothing by way of her Complaint in this action, that the action shall be 15 dismissed and judgment entered on the merits in favor of Defendants City of Laguna 16 Beach and Sergeant Robert Rahaeuser. Defendants shall recover their costs of suit 17 unless Plaintiff provides the Court with evidence to show that she is incapable of 18 paying. Plaintiff is ordered to provide a declaration detailing any evidence by 19 September 25, 2013. FAILURE TO RESPOND RISKS IMPOSITION OF 20 COSTS OF SUIT. Should Plaintiff respond, Defendants shall file a responsive 21 declaration by October 2, 2013. 22 IT IS SO ORDERED. 23 24 Dated: September 11, 2013 25 ____________________________________ HONORABLE BEVERLY REID O’CONNELL UNITED STATES DISTRICT COURT JUDGE 26 27 28 2465/053733-0610 6108323.2 a09/11/13 -2JUDGMENT