D.B. and S.B. v. Ingrid Brewer et al

Filing 53

MINUTES (IN CHAMBERS) by Judge Christina A. Snyder RE: Defendant Aspiranet's Motion to Dismiss 27 ; Defendant Aspiranet's Motion to Strike 30 ; Defendants County of Los Angeles, Renee Marshall, Rabia Mirza, and Edmund Paik's Motion t o Dismiss 35 . The Court DENIES Aspiranet's motion to strike portions of the First Amended Complaint ("FAC"). The Court DISMISSES without prejudice plaintiffs' Section 1983 claim against Aspiranet. The Court DISMISSES without pre judice plaintiffs' third claim for breach of duty arising from a special relationship as against all defendants. To the extent that plaintiffs' claims against Aspiranet rely on the allegation that Aspiranet is a "public entity" wi thin the meaning of Section 811.2 or that Aspiranet is subject to "mandatory duties" pursuant to Section 815.6, the Court DISMISSES such claims without prejudice. Aspiranet's motion to dismiss the FAC for failure to comply with Rule 8 is DENIED. The Court DISMISSES without prejudice all of plaintiffs' claims against Paik and Marshall. The Court DENIES the County defendants' motion to dismiss all claims against Mirza. The Court DENIES the County defendants' motion to dismiss to the extent the motion is predicated on various theories of immunity. The Court DISMISSES without prejudice plaintiffs' first claim for "public entity liability" as against the County. However, the Court DENIES the County de fendants' motion to dismiss plaintiffs' first claim as against Mirza. The Court DENIES the County defendants' motion to dismiss the Section 1983 claim as against Mirza. The Court DISMISSES without prejudice the Section 1983 claim as against the County. Court Reporter: Not Present. (gk)