Bruzzone v. McManis et al
Filing
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ORDER DISMISSING CLAIMS AGAINST INTEL AND ORDER TO SHOW CAUSE WHY CLAIMS AGAINST JUDGE ALSUP SHOULD NOT BE DISMISSED. Signed by Judge Phyllis J. Hamilton on 4/10/2018. (pjhlc1, COURT STAFF) (Filed on 4/10/2018)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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MICHAEL A. BRUZZONE,
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v.
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JAMES MCMANIS, et al.,
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United States District Court
Northern District of California
Case No. 18-cv-01235-PJH
Plaintiff,
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Defendants.
ORDER DISMISSING CLAIMS
AGAINST INTEL AND ORDER TO
SHOW CAUSE WHY CLAIMS
AGAINST JUDGE ALSUP SHOULD
NOT BE DISMISSED
Re: Dkt. No. 18
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BACKGROUND
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Plaintiff Bruzzone is subject to a pre-filing order filed on August 19, 2014 in Case
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No. 14-01279-WHA, based on his filing a series of lawsuits against Intel Corporation and
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its employees. Bruzzone v. Intel Corporation, Case No. 14-cv-01279-WHA (N.D. Cal.,
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filed March 19, 2014), Dkt. 88.
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Plaintiff’s original complaint in this action named as defendants James McManis,
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William Faulkner, and Judge William Alsup. Dkt. 2. None of the three defendants
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technically fall under the scope of the 2014 pre-filing order. When plaintiff submitted his
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original complaint for pre-filing review, Judge Alsup noted that although it echoed
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plaintiff’s “previous attempts to sue Intel,” the complaint was “deliberately drawn to name
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as defendants only James McManis and William Faulkner—attorneys who previously
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represented Intel—as well as [Judge Alsup].” Order Re Pre-Filing Review at 1, Bruzzone
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v. McManis, Case No. 18-mc-80005-WHA (N.D. Cal., filed Jan. 4, 2018), Dkt. 9. Judge
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Alsup opined that the “pre-filing order can no longer keep pace with Bruzzone’s tireless
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crusade of frivolous lawsuits” and allowed the original complaint in this case to be filed
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“[o]ut of an abundance of caution” because it did not specifically name Intel as a
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defendant. Id. at 2.
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On April 3, 2018, plaintiff amended his complaint in this action to add Intel
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Corporation as a named defendant. Dkt. 18. It seems plaintiff has attempted to end-run
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the pre-filing order by amending his complaint to add a party that would trigger pre-filing
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review only after the initial complaint successfully avoided that review. But plaintiff
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cannot render the court’s pre-filing order nugatory with such gamesmanship. As such,
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this court will conduct pre-filing review with respect to plaintiff’s claims against Intel in
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accordance with the August 19, 2014 pre-filing order.
DISCUSSION
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United States District Court
Northern District of California
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A.
Complaint Against Intel
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The court has reviewed plaintiff Bruzzone’s new complaint (Dkts. 1 & 18), and
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finds its contents are frivolous or duplicative of past filings in plaintiff’s prolonged series of
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complaints against Intel. Having reviewed plaintiff’s proposed complaint, the court
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concludes that it does not state a potentially cognizable claim against Intel.
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B.
Complaint Against Judge Alsup
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Next, the court reviews sua sponte plaintiff’s claims against Judge Alsup to
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determine whether any could plausibly state a claim upon which relief can be granted.
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Bruzzone seeks damages allegedly resulting from a court order indicating that Bruzzone
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was not a “relator,” where Bruzzone was acting pro se and the United States was not a
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party to the action. See Dkt. 2; Bruzzone, Case No. 14-cv-01279-WHA, Dkt. 88.
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Bruzzone alleges various damages resulting from language in Judge Alsup’s order
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concerning Bruzzone’s status as a “relator.”
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1.
Legal Standard
a.
Sua Sponte Dismissal Under Rule 12(b)(6)
Federal Rule of Civil Procedure 12(b)(6) tests for the legal sufficiency of the claims
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alleged in the complaint. Ileto v. Glock, 349 F.3d 1191, 1199–1200 (9th Cir. 2003).
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Under the minimal notice pleading requirements of Federal Rule of Civil Procedure 8,
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which requires that a complaint include a “short and plain statement of the claim showing
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that the pleader is entitled to relief,” Fed. R. Civ. P. 8(a)(2), a complaint may be
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dismissed under Rule 12(b)(6) if the plaintiff fails to state a cognizable legal theory, or
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has not alleged sufficient facts to support a cognizable legal theory. Somers v. Apple,
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Inc., 729 F.3d 953, 959 (9th Cir. 2013).
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While the court must accept as true all the factual allegations in the complaint,
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legally conclusory statements, not supported by actual factual allegations, need not be
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accepted. Ashcroft v. Iqbal, 556 U.S. 662, 678-79 (2009). The complaint must proffer
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sufficient facts to state a claim for relief that is plausible on its face. Bell Atlantic Corp. v.
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United States District Court
Northern District of California
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Twombly, 550 U.S. 544, 555, 558-59 (2007).
“A claim has facial plausibility when the plaintiff pleads factual content that allows
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the court to draw the reasonable inference that the defendant is liable for the misconduct
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alleged.” Iqbal, 556 U.S. at 678 (citation omitted). “[W]here the well-pleaded facts do not
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permit the court to infer more than the mere possibility of misconduct, the complaint has
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alleged—but it has not ‘show[n]’—‘that the pleader is entitled to relief.’” Id. at 679.
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Where dismissal is warranted, it is generally without prejudice, unless it is clear the
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complaint cannot be saved by any amendment. Sparling v. Daou, 411 F.3d 1006, 1013
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(9th Cir. 2005).
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The Ninth Circuit has “recognized that ‘[a] trial court may dismiss a claim sua
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sponte under Fed. R. Civ. P. 12(b)(6).’” Seismic Reservoir 2020, Inc. v. Paulsson, 785
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F.3d 330, 335 (9th Cir. 2015) (quoting Omar v. Sea–Land Serv., Inc., 813 F.2d 986, 991
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(9th Cir. 1987)). The district court “must give notice of its sua sponte intention to dismiss
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and provide the plaintiff with ‘an opportunity to at least submit a written memorandum in
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opposition to such motion.’” Id. (quoting Wong v. Bell, 642 F.2d 359, 362 (9th Cir. 1981)).
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However, a court may properly dismiss an action sua sponte without giving a plaintiff
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notice of its intention to dismiss and an opportunity to respond if a plaintiff “cannot
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possibly win relief.” Sparling v. Hoffman Construction Co., 864 F.2d 635, 638 (9th Cir.
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1988); Omar, 813 F.2d at 991; Wong, 642 F.2d at 362.
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b.
Judicial Immunity
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Judges are absolutely immune from civil suits for damages. E.g., Stump v.
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Sparkman, 435 U.S. 349 (1978); Pierson v. Ray, 386 U.S. 547 (1967); Bradley v. Fisher,
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13 Wall. 335 (1872); Randall v. Brigham, 7 Wall. 523 (1869). “Like other forms of official
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immunity, judicial immunity is an immunity from suit, not just from ultimate assessment of
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damages.” Mireles v. Waco, 502 U.S. 9, 11–12 (1991) (citing Mitchell v. Forsyth, 472
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U.S. 511, 526 (1985)).
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“Though judicial prerogative is broad, two rules circumscribe it. First, the immunity
covers only those acts which are ‘judicial’ in nature.” O’Neil v. City of Lake Oswego, 642
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F.2d 367, 369 (9th Cir. 1981) (quoting Stump, 435 U.S. at 360–64) (citations and internal
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United States District Court
Northern District of California
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quotation marks omitted). “[T]he factors determining whether an act by a judge is a
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‘judicial’ one relate to the nature of the act itself, i.e., whether it is a function normally
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performed by a judge, and to the expectations of the parties, i.e., whether they dealt with
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the judge in his judicial capacity.” Stump, 435 U.S. at 362.
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“Second, a judge will not be deprived of immunity because the action he took was
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in error, was done maliciously, or was in excess of his authority; rather, he will be subject
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to liability only when he acted in the ‘clear absence of all jurisdiction.’” O'Neil, 642 F.2d at
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369 (quoting Stump, 435 U.S. at 360–64) (citations and internal quotation marks omitted);
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accord Mireles, 502 U.S. at 11–12. The Stump court explained the difference between a
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judge exceeding jurisdiction and one lacking all jurisdiction: “if a probate judge, with
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jurisdiction over only wills and estates, should try a criminal case, he would be acting in
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the clear absence of jurisdiction and would not be immune from liability for his action; on
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the other hand, if a judge of a criminal court should convict a defendant of a nonexistent
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crime, he would merely be acting in excess of his jurisdiction and would be immune.”
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435 U.S. at 370 n.7 (citation omitted).
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“Moreover, allegations that a conspiracy produced a certain decision should no
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more pierce the actor’s immunity than allegations of bad faith, personal interest or
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outright malevolence.” Ashelman v. Pope, 793 F.2d 1072, 1078 (9th Cir. 1986). Even “a
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conspiracy between judge and prosecutor to predetermine the outcome of a judicial
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proceeding, while clearly improper, nevertheless does not pierce the immunity extended
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to judges and prosecutors. As long as the judge’s ultimate acts are judicial actions taken
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within the court’s subject matter jurisdiction, immunity applies.” Id.
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Analysis
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First, Judge Alsup was clearly executing a judicial act normally performed by a
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judge to the expectations of the parties. Bruzzone’s alleged damages derive from an
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order granting Intel’s motion to declare Bruzzone a vexatious litigant. Intel’s motion was
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filed in a Northern District of California action initiated by Bruzzone against Intel and
others. Bruzzone, Case No. 14-cv-01279-WHA, Dkt. 1. Bruzzone filed an opposition to
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United States District Court
Northern District of California
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Intel’s motion, and Intel filed a reply. Id., Dkts. 81, 82. The court heard oral argument on
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the motion on August 14, 2014, although Bruzzone did not appear. Id., Dkt. 85. These
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regular, judicial proceedings and the form of the order evidence that Judge Alsup heard,
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decided, and resolved the dispute upon which Bruzzone’s complaint is based in his
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official judicial capacity.
Second, the vexatious litigant order requiring pre-filing review was within the
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court’s jurisdiction. See Ringgold-Lockhart v. Cty. of Los Angeles, 761 F.3d 1057, 1060
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(9th Cir. 2014); De Long v. Hennessey, 912 F.2d 1144, 1147 (9th Cir. 1990).
Because Judge Alsup would be totally immune from any plausible claim alleged by
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Bruzzone’s complaint, Bruzzone cannot possibly win relief and the complaint does not
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state a claim upon which relief can be granted.
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CONCLUSION
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For the reasons stated above, plaintiff’s claims against Intel are DISMISSED with
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prejudice. Although plaintiff cannot possibly win relief against Judge Alsup, out of an
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abundance of caution plaintiff is ORDERED TO SHOW CAUSE why his claims against
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Judge William Alsup should not be dismissed with prejudice in light of the analysis
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presented in this order. Plaintiff shall file his response, if any, within 21 days from the
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date of this order.
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United States District Court
Northern District of California
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IT IS SO ORDERED.
Dated: April 10, 2018
__________________________________
PHYLLIS J. HAMILTON
United States District Judge
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