Tillery v. Lollis et al

Filing 31

ORDER signed by Judge Kimberly J. Mueller on 8/12/2015 GRANTING 7 Motion to Dismiss as to the first claim against Defendants Mario Garcia and Glenn Irish in their individual capacities, without leave to amend; as to the second claim with regard to harassment based on sex, without leave to amend; as to the fourth § 1983 claim to the extent it is premised on municipal liability (Monell claim), with leave to amend; and as to the fourth § 1983 claim against Defendant John D. Lolli s in his official capacity, without leave to amend; DENYING 7 Motion to Dismiss in all other respects; GRANTING 8 Request for Judicial Notice; DIRECTING the plaintiff to file an amended complaint consistent with this order within 21 days. (Michel, G.)

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Wakefield v. Thompson
Gillespie v. Civiletti

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Gillespie

See Glass v. Fields
Hard Drive
Prods. v. Does

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Balistreri v. Pacifica Police Dep’t

Ashcroft v. Iqbal
Bell Atl. Corp. v. Twombly

Id.
Twombly

Id.

See Hishon v. King & Spalding

Erickson v. Pardus
Twombly
Allain

Sprewell v. Golden State Warriors

Papasan v.

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See Garber v. City of Clovis

Cory v. City of Huntington Beach

Elias v. San
Bernardino Cnty. Flood Control Dist

Santee v. Santa Clara County Office
of Education

Id

Phillips v. Desert Hosp. Dist.

Stockett v. Ass’n of California Water Agencies Joint Powers Ins. Auth
Id

Smith v. Cnty. of Los Angeles,

Minsky v. City

of Los Angeles,
Id

Connelly v. Cnty. of Fresno
Jadwin v. Cnty. of Kern

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Jadwin

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Stockett
cf. Fall River Joint Unified Sch. Dist. v. Superior Court

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See Vierria v. California Highway Patrol

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or any person acting on behalf of the employer

Carter v.
California Dep’t of Veterans Affairs

Dep’t of
Corr. & Rehab. v. Workers’ Comp. Appeals Bd

See Vera v. Con-way Freight, Inc
Conner v. Aviation Serv. of Chevron U.S.A
Vera

Conner
Vera

Conner

Conner

De La Torre v. Progress Rail Servs. Corp

Id.

Strother v. S. Cal. Permanente Med. Group

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Reno v. Baird

Reno,

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See also Haligowski v.

Superior Court

Jones v. Lodge at Torrey Pines P’ship

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Reno

Jones.

See also

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Lyle v. Warner Bros. Television
Prods

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Wallace v. Kato

Canatella v. Van De Kamp

Compare id.

with id.

ASARCO, LLC v. Union Pac. R. Co.

Id.

Percy v. S.F.

Gen. Hosp.

Id.

Martell v. Trilogy Ltd.

Id.

Id.

Gutowsky v. Cnty. of Placer

see

also Graff v. City of Tehachapi
Berg v. California Horse
Racing Bd.

Gutowsky

Nat. R.R. Passenger Corp. v. Morgan

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See Lewis v. City of Fresno

Monell v.
Dep’t of Soc. Servs. of City of New York

Bd. of Cnty. Comm’rs v. Brown
Monell

Pembaur v. Cincinnati

City of Canton v. Harris
Monell

AE ex rel. Hernandez v. Cnty. of Tulare
Starr v. Baca

Monell

Clouthier v. Cnty. of Contra Costa

Price v. Sery

Ulrich v. City &

Cnty. of S.F.

Plumeau v. Sch. Dist. No. 40 Cnty. of Yamhill

Monell

See DeNieva v. Reyes

Kentucky v. Graham
See id
personal

Id

Sanchez v. City of Fresno

Id.

See Garcetti v. Ceballos

See Garcetti

Connick v. Myers

Connick

Pickering v. Bd. of Educ

Eng v. Cooley

Karl v. City of Mountlake Terrace

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Connick
Clairmont

Karl

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See id.

Karl
Id.

See id.

Ellins
v. City of Sierra Madre
Eng

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Id.

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Crawford v. JP Morgan
Chase NA

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Xin
Liu v. Amway Corp

see also Bonzani v. Shinseki,

Schultz v.
Wells Fargo Bank, Nat. Ass’n,

See Foraker v. Apollo Grp., Inc.
aff’d

Monell

UNITED STATES DISTRICT JUDGE