Scalia v. County of Kern et al

Filing 64

STIPULATION and ORDER to Dismissal of Certain Claims Against the County of Kern based upon Alleged Policies, Practices, and Customs of the Kern County Sheriff's Office Acts and/or Acts and Omissions of Kern County Sheriff Employees signed by Chief Judge Lawrence J. O'Neill on 6/25/2019. (Sant Agata, S)

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Jeff Dominic Price | SBN 165534
2500 Broadway, Suite 125
Santa Monica, California 90404
[e-mail]
Tel. [phone]
Attorneys for Plaintiffs
MARGO A. RAISON, COUNTY COUNSEL
COUNTY OF KERN, STATE OF CALIFORNIA
By: Marshall S. Fontes, Deputy (SBN 139567)
Kern County Administrative Center
1115 Truxtun Avenue, Fourth Floor
Bakersfield, CA 93301
Telephone [phone]
Fax [phone]
Attorneys for Defendants
County of Kern, et al.

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JOHN SCALIA, individually and as
successor-in-interest of Decedent,
KIMBERLY MORRISSEY-SCALIA,
Plaintiff,
v.
COUNTY OF KERN, a municipal
corporation, Kern County Hospital
Authority, a public entity and/or agency
of the COUNTY OF KERN, Kern County
Sheriff DONNY YOUNGBLOOD, Kern
County Sheriff’s Sergeant JOEL
SWANSON, Kern County Sheriff’s
Detention Deputies RANDI ALLEN and
MISTY MILLER, Kern County Hospital
Authority Staff Nurse ROWENA P.
BLAKELY, R.N., and DOES 1-100,
Jointly and Severally,

CASE NO.: 1:17-CV-01097 LJO JLT
STIPULATION TO DISMISSAL OF
CERTAIN CLAIMS AGAINST THE
COUNTY OF KERN BASED UPON
ALLEGED POLICIES, PRACTICES AND
CUSTOMS OF THE KERN COUNTY
SHERIFF’S OFFICE ACTS AND/OR
ACTS AND OMISSIONS OF KERN
COUNTY SHERIFF EMPLOYEES
[Filing fee exemption for government
entity pursuant to Government Code §
6103]

Defendants.
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______________________________________________________________________
STIPULATION TO DISMISS CERTAIN CLAIMS AGAINST THE COUNTY OF KERN BASED UPON THE
ALLEGED POLICEIS, PRACTICES, CUSTOMS OF THE KERN COUNTY SHERIFF’S OFFICE, AND ACTS
AND/OR OMISSIONS KERN COUNTY SHERIFF EMPLOYEES

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WHEREAS the parties have met and conferred for the purpose of determining

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whether issues can be resolved without the necessity of the filing of a motion for

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summary judgment and/or adjudication, as required by the Court’s Scheduling Order in

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this matter (Doc. No. 39).

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IT IS HEREBY STIPULATED BY AND BETWEEN PLAINTIFF, JOHN SCALIA

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and DEFENDANT, COUNTY OF KERN, by and through their respective attorneys of

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record, that the following claims against the COUNTY OF KERN, only to the extent

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said claims are based upon the alleged acts or omissions of the Kern County

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Sheriff’s Office and/or Kern County Sheriff’s Office employees as distinguished

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from Kern Medical Center, in this case be dismissed from this action, each side to

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bear their own costs:

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1.

As to the Second Cause of Action of Plaintiff’s First Amended Complaint,

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all claims against the County of Kern contained therein which allege Monell and/or

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Supervisory Liability predicated upon Kern County Sheriff Office policies, practices and

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customs and the alleged ratification of any acts or omissions of Kern County Sheriff’s

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Office employees pursuant to said policies, practices and customs are DISMISSED.

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2.

As to the Third Cause of Action of Plaintiff’s First Amended Complaint, all

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claims against the County of Kern contained therein which pursuant to Cilvil Code

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Section 52.1(b) and which are predicated upon Kern County Sheriff’s Office policies,

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practices and customs, and/or the acts or omissions of Kern County Sheriff’s Office

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employees are DISMISSED.

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3.

As to the Fourth Cause of Action of Plaintiff’s First Amended Complaint,

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all claims against the County of Kern based upon Government Code Section 845.6 are

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DISMISSED.

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4.

As to the Fifth Cause of Action of Plaintiff’s First Amended Complaint, all

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claims against the County of Kern contained therein which are based upon Negligence

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and which are predicated upon Kern County Sheriff’s Office policies, practices and

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______________________________________________________________________
STIPULATION TO DISMISS CERTAIN CLAIMS AGAINST THE COUNTY OF KERN BASED UPON THE
ALLEGED POLICEIS, PRACTICES, CUSTOMS OF THE KERN COUNTY SHERIFF’S OFFICE, AND ACTS
AND/OR OMISSIONS KERN COUNTY SHERIFF EMPLOYEES

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customs, and/or the acts or omissions of Kern County Sheriff’s Office employees are

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DISMISSED.

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Defendant County of Kern remains a defendant in the Second, Third and Sixth

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Causes of Action, arising out of its ownership of Kern Medical Center. No motion for

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summary judgment/adjudication will be filed on behalf of Defendant County of Kern.

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DATED: June 24 , 2019

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JEFF DOMINIC PRICE

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/s/ Jeff Dominic Price
Jeff Dominic Price
Attorneys for Plaintiff

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Respectfully Submitted,

DATED: June 24 , 2019

Respectfully Submitted,
M. SCOTT FONTES
Deputy County Counsel
Office of County Counsel, Kern County

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/s/ M. Scott Fontes
M. SCOTT FONTES
Attorneys for County of Kern Defendants

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IT IS SO ORDERED.
Dated:

June 25, 2019

/s/ Lawrence J. O’Neill _____
UNITED STATES CHIEF DISTRICT JUDGE

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______________________________________________________________________
STIPULATION TO DISMISS CERTAIN CLAIMS AGAINST THE COUNTY OF KERN BASED UPON THE
ALLEGED POLICEIS, PRACTICES, CUSTOMS OF THE KERN COUNTY SHERIFF’S OFFICE, AND ACTS
AND/OR OMISSIONS KERN COUNTY SHERIFF EMPLOYEES