Daniel et al v. City of Antioch et al
Filing
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ORDER DENYING PLAINTIFFS' MOTION FOR LEAVE TO FILE MOTION FOR RECONSIDERATION OF ORDER ON MOTION TO DISMISS SECTION 52.1 CLAIM; EXTENDING DEADLINE TO FILE FOURTH AMENDED COMPLAINT. The deadline for plaintiffs to file a Fourth Amended Complaint is extended to January 8, 2014. Signed By Judge Maxine M. Chesney on December 20, 2013. (mmclc1, COURT STAFF) (Filed on 12/20/2013)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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For the Northern District of California
United States District Court
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KEBRON DANIEL, et al.,
Plaintiffs,
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No. C-13-1084 MMC
ORDER DENYING PLAINTIFFS’ MOTION
FOR LEAVE TO FILE MOTION FOR
RECONSIDERATION OF ORDER ON
MOTION TO DISMISS SECTION 52.1
CLAIM; EXTENDING DEADLINE TO FILE
FOURTH AMENDED COMPLAINT
v.
CITY OF ANTIOCH, et al.,
Defendants.
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Before the Court is plaintiffs’ “Motion for Leave to File Motion for Reconsideration of
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Order on Motion to Dismiss Section 52.1 Claim,” filed December 12, 2013. By said motion,
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plaintiffs seek leave to file a motion for reconsideration of the Court’s order of December 3,
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2013, to the extent the order dismissed plaintiffs’ Fifth Cause of Action, a claim under
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§ 52.1 of the California Civil Code and alleged on behalf of plaintiffs Kebron Daniel and
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Lilay Inc. Having read and considered the motion, the Court rules as follows.
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Section 52.1 provides for a cause of action against a person who “interferes by
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threats, intimidation, or coercion, or attempts to interfere by threats, intimidation, or
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coercion, with the exercise or enjoyment by any individual or individuals of rights secured
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by the Constitution or laws of the United States, or of the rights secured by the Constitution
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or laws of [California].” See Cal. Civil Code § 52.1(a). In its prior order, the Court found
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plaintiffs’ § 52.1 claim subject to dismissal, with leave to amend, because plaintiffs had
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failed to allege that defendants’ seizure of property resulted from threats, intimidation, or
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coercion. (See Order, filed December 3, 2013, at 3:4-12.) In support thereof, the Court
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cited Jackson v. City of Fresno, 257 Fed. Appx. 144 (9th Cir. 2007), in which the Ninth
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Circuit held that, for purposes of § 52.1, a “deprivation of a constitutional right must result
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from a threat, intimidation, or coercion.” See id. at 146. Plaintiffs argue they are entitled to
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seek reconsideration because, they assert, defendants did not argue in their motion to
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dismiss that plaintiffs had failed to allege causation, nor cite to the case upon which the
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Court relied for its ruling. Under such circumstances, plaintiffs contend, “a material
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difference in fact or law exists from that which was presented to the Court before entry of
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the interlocutory order for which reconsideration is sought.” (See Pl.s’ Mot. at 2:12-13, 3:1-
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4 (citing Civil L.R. 7-9(b)(1) (identifying showing necessary to support motion for leave to
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file motion for reconsideration)).)
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For purposes of the instant motion, the Court assumes, arguendo, the Local Rule on
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which plaintiffs rely is applicable to the circumstances as described by plaintiffs, to wit, that
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they were not alerted to an issue the Court found significant, and, consequently, were
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unfairly surprised by the Court’s ruling. Whatever equitable force such argument may
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carry, however, it is not persuasive here, as defendants, contrary to plaintiffs’ assertion, did
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argue in their motion to dismiss that plaintiffs had failed to allege causation. In that regard,
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defendants cited to, and indeed quoted, a district court case holding two of the “elements”
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of a § 52.1 claim are that “defendants interfered with plaintiff’s constitutional rights by
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threatening or committing violent acts” and that “defendants’ conduct was a substantial
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factor in causing plaintiffs’ harm.” (See Defs.’ Mot., filed November 1, 2013, at 8:16-21
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(emphasis in original) (quoting Tolosko-Parker v. County of Sonoma, 2009 WL 498099, *5
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(N.D. Cal. 2009).) Further, in reliance thereon, defendants argued that plaintiffs’ § 52.1
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claim was “unsupported by sufficient facts” because “[t]here [were] no allegations that the
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officers used violence or threats of violence in carrying out the underlying search and
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seizure.” (See id. at 15:9-13.) To the extent the Court cited to a Ninth Circuit case, rather
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than to a district court case, for the legal proposition on which defendants relied does no
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more than add further support for an argument already made by defendants. In sum,
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plaintiffs have failed to show they are entitled to file a motion for reconsideration.
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Moreover, even if plaintiffs were afforded an opportunity to reargue the matter, their
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proposed argument lacks merit and, consequently, the filing of a motion for reconsideration
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would be futile. In particular, plaintiffs seek to argue that the Ninth Circuit’s holding in
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Jackson is erroneous, because, plaintiffs contend, the California Supreme Court only
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requires the deprivation of a right be “accompanied by,” as opposed to “result[ing] from,”
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threats or coercion. (See Pls.’ Mot. at 3:6-8, 22-25 (citing Venegas v. County of Los
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Angeles, 32 Cal. 4th 820 (2004) and Jones v. Kmart Corp., 17 Cal. 4th 329 (1998)).)
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Although plaintiffs are correct that the California Supreme Court has used the phrase
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“accompanied by,” see Venegas, 32 Cal. 4th at 843; Jones, 17 Cal. 4th at 334, it is clear
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that causation, as identified in Jackson, is an element of § 52.1. Indeed, in Venegas, the
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California Supreme Court held the statute’s “provisions are limited to threats, intimidation,
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or coercion that interfere with a constitutional or statutory right,” see Venegas, 32 Cal. 4th
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at 843; see also, e.g., M.H. v. County of Alameda, 2013 WL 1701591, *7 (N.D. Cal. April
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18, 2013) (explaining plaintiffs in Venegas had sufficiently stated claim where officers
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engaged in “series of actions involving ‘threats, intimidation, or coercion’ that resulted in
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the plaintiff’s unreasonable seizure”); in Jones, the California Supreme Court cited, as an
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example of a party who would be subject to suit under § 52.1, an individual who
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“threatened to injure the [plaintiff] if she did not . . . consent to an official and warrantless
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search of her premises,” see Jones, 17 Cal. 4th at 334. Nothing in Venegas or Jones
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suggests that a plaintiff would have a cognizable § 52.1 claim based on a threat made at or
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around the same time as a search and seizure, but which threat lacked a causal connection
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to the search and seizure.
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Accordingly, for all of the above reasons, plaintiffs’ motion is hereby DENIED.
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Lastly, as noted, the challenged order dismissed plaintiffs’ § 52.1 claim with leave to
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amend; the present deadline to amend is December 20, 2013. Because plaintiffs may
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have relied on the filing of the instant motion to effectuate a stay, the Court hereby
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EXTENDS the deadline for plaintiffs to file a Fourth Amended Complaint to January 8,
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2014.
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IT IS SO ORDERED.
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Dated: December 20, 2013
MAXINE M. CHESNEY
United States District Judge
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