Marilyn Injeyan v. City of Laguna Beach et al
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)
RUTAN & TUCKER, LLP
1 PHILIP D. KOHN (State Bar No. 90158)
City Attorney, City of Laguna Beach
AJIT S. THIND (State Bar No. 268018)
3 Deputy City Attorney
4 611 Anton Boulevard, Fourteenth Floor
Costa Mesa, California 92626-1931
5 Telephone: (714) 641-5100
Facsimile: (714) 546-9035
Attorneys for Defendants
7 CITY OF LAGUNA BEACH and
SERGEANT ROBERT RAHAEUSER
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
Case No. SACV 12-790 BRO (JPRx)
15 CITY OF LAGUNA BEACH and
DETECTIVE ROBERT RAYHAUSER,
16 DETECTIVE NATALIE LEAL, and
DOES 1 through 10, inclusive,
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
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).
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.
All Doe Defendants are hereby dismissed from the action.
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:
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.
IT IS SO ORDERED.
24 Dated: September 11, 2013
HONORABLE BEVERLY REID O’CONNELL
UNITED STATES DISTRICT COURT JUDGE