Jeannie Tanaka v. Linda Cotterman et al

Filing 20

ORDER ON DEFENDANTS MOTION TO DISMISS PLAINTIFFS COMPLAINT BASED ON IMMUNITY, EXCEPTION OR ABSTENION by Judge Manuel L. Real 6 14 . 1. Defendants Motion to Dismiss is granted. 2. Plaintiffs claims against all defendants under 42 U.S.C. § 19 83 are dismissed with prejudice. 3. The Court hereby declines to exercise federal jurisdiction over the balance of Plaintiffs claims for Replevin, Personal Injury, False Arrest, False Imprisonment, Financial Elder Abuse, and Physical Elder Abuse, and therefore the claims described herein against all parties are dismissed without prejudice. Case Terminated. Made JS-6. (im)

JS-6

1
2
3
4
5
6
7

UNITED STATES DISTRICT COURT

8

CENTRAL DISTRICT OF CALIFORNIA

9
10
11

JEANNIE TANANA, individually
and as Trustee of the Jean Miho
Tanaka Trust,

Case No. CV 11-03023 (MLR)
ORDER ON DEFENDANTS MOTION TO
DISMISS PLAINTIFF’S COMPLAINT
BASED ON IMMUNITY, EXCEPTION OR
ABSTENION

Plaintiffs,

12
13

[F.R.C.P. 12(b)(6)]

vs.
14
15
16
17

Date:
Time:
Courtroom:

LINDA COTTERMAN, ALCIRA OPORTO,
FOUNDERS HOMECARE, INC.,
MARSHAL ROSENBERG, CAROL WHITE,
and Does 1-10,

18

August 22, 2011
10:00 a.m.
C-8th Floor

Defendants.

19
20

On August 22, 2011, at 10:00 a.m., in Courtroom C-8th Floor,

21

of the above-entitled court, located at 312 N. Spring Street, Los

22

Angeles,

23

Motion to Dismiss pursuant to Federal Rule of Civil Procedure

24

12(b)(6),

25

Cotterman’s Motion to Dismiss, came on regularly for a hearing,

26

the

27

appeared for Cotterman and other appearances were noted for the

28

record.

Schomer Law Group,APC
8740 So. Sepulveda
Blvd., Suite 107
Los Angeles, CA 90045
[phone]

California,

as

Honorable

well

Manuel

defendant

as

L.

Linda

defendant

Real

Cotterman’s

Carol

presiding.

1

(“Cotterman”)

White’s

Scott

Joinder

P.

in

Schomer

1

After

considering

the

Notice

of

Motion

and

Motion,

the

2

accompanying memorandum of points and authorities, the request

3

for judicial notice, the Joinder of defendant Carol White, and

4

the record of this action, the court rules as follows:

5

1.

Defendant’s Motion to Dismiss is granted.

6

2.

Plaintiff’s

7
8
9

claims

against

all

defendants

under

42

U.S.C. § 1983 are dismissed with prejudice.
3.

The

Court

hereby

declines

to

exercise

federal

jurisdiction over the balance of Plaintiff’s claims for Replevin,

10

Personal

Injury,

11

Elder Abuse, and Physical Elder Abuse, and therefore the claims

12

described

13

prejudice.

herein

False

Arrest,

against

all

False

parties

Imprisonment,

are

dismissed

Financial

without

14
15
Dated: August
16

31, 2011 _________________________________________
JUDGE OF THE UNITED STATES DISTRICT COURT

17
18
19
20
21
22
23
24
25
26
27
28
Schomer Law Group,APC
8740 So. Sepulveda
Blvd., Suite 107
Los Angeles, CA 90045
[phone]

2