Sepehry-Fard v. Santa Clara County Court
Filing
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ORDER GRANTING 28 DEFENDANTS' MOTION TO DISMISS WITHOUT LEAVE TO AMEND; DENYING 29 PLAINTIFF'S MOTION TO STRIKE. Signed by Judge Beth Labson Freeman on 11/16/2018. (blflc3S, COURT STAFF) (Filed on 11/16/2018)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN JOSE DIVISION
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FAREED SEPEHRY-FARD©,
Plaintiff,
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v.
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Case No. 18-cv-02665-BLF
SANTA CLARA COUNTY COURT, et al.,
Defendants.
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ORDER GRANTING DEFENDANTS’
MOTION TO DISMISS WITHOUT
LEAVE TO AMEND; DENYING
PLAINTIFF’S MOTION TO STRIKE
[Re: ECF 28, 29]
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Before the Court are two related motions: Defendants’ Motion to Dismiss Without Leave
United States District Court
Northern District of California
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to Amend Plaintiff’s First Amended Complaint for Lack of Jurisdiction under the Eleventh
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Amendment and Failure to State a Claim, see ECF 28; and Plaintiff’s Motion to Strike
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Defendants’ motion to dismiss pursuant to Civil Local Rule 7-5(a), see ECF 29. The Court
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previously ruled that both motions would be determined without oral argument. See ECF 37; ECF
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41. For the reasons stated below, Plaintiff’s Motion to Strike (“MTS”) at ECF 29 is DENIED; and
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Defendants’ Motion to Dismiss (“MTD”) at ECF 28 is GRANTED without leave to amend.
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I.
BACKGROUND
On June 16, 2018, Plaintiff Fareed Sepehry-Fard© (“Plaintiff”) filed a first amended
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complaint against Defendants Superior Court of California, County of Santa Clara (“the Superior
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Court”), Lisa Herrick (“Herrick”) and Benjamin Rada (“Rada”) (collectively, “the Defendants”),
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alleging five causes of action:
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(1) Violation of 5 U.S.C. § 552 and California Public Records Act § 6250 et seq.;
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(2) Violation of 42 U.S.C. § 1981;
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(3) Violation of 42 U.S.C. § 1983;
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(4) Violation of 42 U.S.C. § 1985; and
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(5) Violation of 42 U.S.C. § 1986.
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See First Amended Complaint (“FAC”) ¶¶ 39–59, ECF 21.
Defendant Herrick is General Counsel for the Superior Court. FAC ¶ 13; MTD at 3.
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Defendant Rada is the Public Affairs Liaison for the Superior Court. FAC ¶ 16; MTD at 3.
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Defendants Herrick and Rada are sued in both their official and individual capacities. FAC ¶¶ 1,
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13, 16.
Plaintiff’s complaint is based on Defendants’ alleged failure to provide Plaintiff with
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documents requested under the Freedom of Information Act1 (“FOIA”) and California Public
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Records Act (“CPRA”). FAC ¶¶ 20–24. Plaintiff alleges that pursuant to FOIA and CPRA,
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Plaintiff “demanded that the Defendants furnish to Plaintiff, the name of the company and amount
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of any Bond, Liability Insurance, Errors and Omissions and Re Insurance [sic] for [Defendant
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Superior Court].” FAC ¶ 20. Plaintiff contends that because of Defendants’ alleged failure to
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United States District Court
Northern District of California
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provide the requested documents, Plaintiff “has been economically, physically and emotionally
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damaged in an amount of no less than Fifteen Million Dollars ($15,000,000).” FAC ¶ 25.
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II.
LEGAL STANDARD
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A.
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Under Civil Local Rule 7-5(a), “[f]actual contentions made in support of or in opposition
Civil Local Rule 7-5(a)
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to any motion must be supported by an affidavit or declaration and by appropriate references to the
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record.” Civ. L.R. 7-5(a). At the motion to dismiss stage, the word “alleged” is properly used to
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describe a plaintiff’s factual allegations that must be “taken as true and construed in the light most
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favorable to the nonmoving party” for purposes of a motion to dismiss. Clegg v. Cult Awareness
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Network, 18 F.3d 752, 754 (9th Cir. 1994).
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B.
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“Federal courts are courts of limited jurisdiction.” Kokkonen v. Guardian Life Ins. Co. of
Federal Rule of Civil Procedure 12(b)(1)
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Am., 511 U.S. 375, 377 (1994). As such, a federal court has an independent obligation to insure
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that it has subject matter jurisdiction over a matter. See Fed. R. Civ. P. 12(h)(3); Snell v.
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Cleveland, Inc., 316 F.3d 822, 826 (9th Cir. 2002). On a motion to dismiss pursuant to Rule
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12(b)(1), which challenges a court’s subject matter jurisdiction over a claim, the burden is on the
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5 U.S.C. § 552.
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plaintiff, as the party asserting jurisdiction, to establish that subject matter jurisdiction exists.
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Kokkonen, 511 U.S. at 377. A facial jurisdictional challenge, as advanced here, asserts that even if
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assumed true, “the allegations contained in a complaint are insufficient on their face to invoke
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federal jurisdiction.” Safe Air for Everyone v. Meyer, 373 F.3d 1035, 1039 (9th Cir. 2004).
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C.
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“A motion to dismiss under Federal Rule of Civil Procedure 12(b)(6) for failure to state a
Federal Rule of Civil Procedure 12(b)(6)
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claim upon which relief can be granted ‘tests the legal sufficiency of a claim.’” Conservation
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Force v. Salazar, 646 F.3d 1240, 1241–42 (9th Cir. 2011) (quoting Navarro v. Block, 250 F.3d
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729, 732 (9th Cir. 2001)). When determining whether a claim has been stated, the Court accepts
as true all well-pled factual allegations and construes them in the light most favorable to the
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United States District Court
Northern District of California
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plaintiff. Reese v. BP Exploration (Alaska) Inc., 643 F.3d 681, 690 (9th Cir. 2011). While a
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complaint need not contain detailed factual allegations, it “must contain sufficient factual matter,
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accepted as true, to ‘state a claim to relief that is plausible on its face.’” Ashcroft v. Iqbal, 556
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U.S. 662, 678 (2009) (quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007)). A claim is
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facially plausible when it “allows the court to draw the reasonable inference that the defendant is
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liable for the misconduct alleged.” Id.
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III.
DISCUSSION
Plaintiff’s Motion to Strike (ECF 29)
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A.
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Plaintiff moves to strike Defendants’ motion to dismiss pursuant to Civil Local Rule 7-5(a)
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on the grounds that “factual contentions made in support of Defendants’ motion to dismiss . . .
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have [not] been supported by an affidavit or declaration.” MTS at 2, ECF 29. However, Plaintiff
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fails to identify even a single “factual contention” that would require such support. See id. To the
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extent Plaintiff is referring to “factual allegations” raised by Plaintiff but discussed by Defendants,
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such allegations are “taken as true and construed in the light most favorable to the nonmoving
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party” for purposes of a motion to dismiss, and do not require authentication by Defendants. See
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Clegg v. Cult Awareness Network, 18 F.3d 752, 754 (9th Cir. 1994). Thus, the Court finds
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Plaintiff’s motion to strike pursuant to Civil Local Rule 7-5(a) unwarranted.
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Plaintiff further argues that Defendants’ motion to dismiss contains “irrelevant, false or
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improper matters.” See MTS at 4. However, as pointed out by Defendants, see Opp’n to MTS at
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2, ECF 33, Plaintiff again fails to identify any statements that purportedly fall into this category.
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Moreover, a motion to dismiss is not a pleading, and thus not subject to a motion to strike under
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Rule 12(f). See Fed. R. Civ. P. 12(f) (“The court may strike from a pleading an insufficient
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defense or any redundant, immaterial, impertinent, or scandalous matter.”) (emphasis added).
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Finally, Plaintiff’s additional arguments—e.g., attacking the legality of the Superior Court as an
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establishment—are not properly contained within Plaintiff’s Motion to Strike and necessarily fail,
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the lack of merit aside. In sum, Plaintiff’s Motion to Strike at ECF 29 is DENIED.
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B.
Defendants’ Motion to Dismiss (ECF 28)
Defendants argue that Plaintiff’s first amended complaint should be dismissed because (1)
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United States District Court
Northern District of California
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Plaintiff’s claims against the Defendants (including Defendants Herrick and Rada in their official
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capacities) are barred in federal court under the Eleventh Amendment; and (2) Plaintiff has failed
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to allege sufficient facts to state a claim for relief against Defendants Herrick and Rada in their
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individual capacities. See MTD at 3, ECF 28. Defendants also assert that the “defects in
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Plaintiff’s FAC are incurable,” warranting dismissal without leave to amend. Id. The Court
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addresses each issue in turn.
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1. Immunity under the Eleventh Amendment
The Eleventh Amendment to the United States Constitution provides that “[t]he Judicial
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power of the United States shall not be construed to extend to any suit in law or equity,
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commenced or prosecuted against one of the United States by Citizens of another State, or by
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Citizens or Subjects of any Foreign State.” U.S. Const. amend. XI. “The Eleventh Amendment
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erects a general bar against federal lawsuits brought against a state.” Porter v. Jones, 319 F.3d
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483, 491 (9th Cir. 2003). “It does not, however, bar actions for prospective declaratory or
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injunctive relief against state officers in their official capacities for their alleged violations of
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federal law.” Coal. to Defend Affirmative Action v. Brown, 674 F.3d 1128, 1133–34 (9th Cir.
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2012) (citing Ex parte Young, 209 U.S. 123, 155–56 (1908) and Alden v. Maine, 527 U.S. 706,
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747 (1999)). Sovereign immunity under the Eleventh Amendment circumscribes a federal court’s
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jurisdiction and must generally be resolved before reaching the merits of a case. Id. at 1133
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(citing In re Jackson, 184 F.3d 1046, 1048 (9th Cir. 1999)).
The Superior Court is an arm of the State of California for purposes of the Eleventh
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Amendment. See Simmons v. Sacramento County Superior Court, 318 F.3d 1156, 1161 (9th Cir.
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2003). Indeed, as stated by the Ninth Circuit, a “[p]laintiff cannot state a claim against the []
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Superior Court (or its employees), because such suits are barred by the Eleventh Amendment.” Id.
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(addressing § 1983 claim against the Superior Court of Sacramento County). Although the
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Eleventh Amendment is inapplicable where the plaintiff can establish that the State waived its
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immunity or Congress has exercised its power under the Fourteenth Amendment to override the
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immunity set forth in the Eleventh Amendment, see Will v. Michigan Dept. of State Police, 491
U.S. 58, 66 (1989), Plaintiff’s FAC fails to state a claim under any statute where the State waived
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United States District Court
Northern District of California
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its immunity or Congress so acted. Accordingly, Plaintiff’s claims against the Superior Court and
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Defendants Herrick and Rada in their official capacities are barred.
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Plaintiff asserts that Ex parte Young applies to Plaintiff’s request for injunctive relief
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against Defendants Herrick and Rada, in their role as state officials. See Opp’n at MTD at 5, ECF
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30. The Court disagrees. “In determining whether the doctrine of Ex parte Young avoids an
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Eleventh Amendment bar to suit, a court need only conduct a ‘straightforward inquiry into
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whether [the] complaint alleges an ongoing violation of federal law and seeks relief properly
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characterized as prospective.’” Verizon Maryland, Inc. v. Public Service Comm’n of Maryland,
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535 U.S. 635, 645 (2002) (internal citation omitted). A claim in federal court seeking to force a
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state agency to disclose records under FOIA cannot succeed. See Unt v. Aerospace Corp., 765
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F.2d 1440, 1447 (9th Cir. 1985) (“The private right of civil action created by [FOIA] is
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specifically limited to actions against agencies of the United States Government.”). Thus here,
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FOIA is inapplicable to the state Defendants, and therefore, does not provide a basis for an
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exception to the Ex parte Young doctrine.
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Finally, to the extent Plaintiff alleges due process violation under 42 U.S.C. § 1983 based
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on deficiencies of CPRA, the Ex parte Young doctrine still does not apply. A plaintiff cannot, as a
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matter of law, state a due process claim under § 1983 based “solely . . . [on a contention that a law]
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is invalid under state law.” Lone Star v. City of Los Angeles, 584 F.3d 1232, 1236 (9th Cir. 2009)
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(emphasis in original). In sum, the Court dismisses Plaintiff’s claims against the Superior Court
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and Defendants Herrick and Rada in their official capacities under Rule 12(b)(1) for lack of
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subject matter jurisdiction.
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2. Failure to State a Claim Upon Which Relief can be Granted
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Defendants argue that Plaintiff has failed to state a claim upon which relief can be granted
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against Defendants Herrick and Rada in their individual capacities. See MTD at 3, ECF 28. The
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Court agrees. First, as previously discussed, FOIA is inapplicable to the State or its employees,
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see Unt, 765 F.2d at 1447, and thus Plaintiff’s FOIA claim does not give rise to relief which can
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be granted. Second, Plaintiff’s claims under 42 U.S.C. §§ 1981, 1983, 1985, and 1986, based on
an alleged violation of CPRA, fail because they do not plausibly show deprivation of a federal
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United States District Court
Northern District of California
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right. See, e.g., OSU Student Alliance v. Ray, 699 F.3d 1053 (9th Cir. 2012) (“To state a claim
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under § 1983 against state officials in their individual capacities, a plaintiff must plead that the
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officials, acting under color of state law, caused the deprivation of a federal right.”) (internal
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quotation and citation omitted). Plaintiff contends that Herrick and Rada’s alleged failure to
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provide Plaintiff with the documents requested violated Plaintiff’s federal due process rights. See
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Opp’n to MTD at 6, ECF 30. However, the guarantees of federal due process “apply only when a
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constitutionally protected liberty or property interest is at stake.” Tellis v. Godinez, 5 F.3d 1314,
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1316 (9th Cir. 1993). Taking Plaintiff’s factual allegations as true and construing them in the light
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most favorable to plaintiff, the Court finds no such “protected liberty or property interest” at stake
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here. Id. Third, and lastly, a stand-alone alleged violation of CPRA—a state law—does not
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provide a basis for federal court jurisdiction. Accordingly, the Court finds that Plaintiff has failed
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to state a claim against Defendants Herrick and Rada upon which relief can be granted.
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3. Dismissal Without Leave to Amend
Although leave to amend should be freely given, the Court is not required to grant leave to
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amend if the Court determines that permitting amendment would be an exercise in futility. See,
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Enriquez v. Aurora Loan Servs., LLC, 509 F. App’x 607, 608 (9th Cir. 2013); Rutman Wine Co. v.
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E. & J. Gallo Winery, 829 F.2d 729, 738 (9th Cir. 1987) (“Denial of leave to amend is not an
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abuse of discretion where the pleadings before the court demonstrate that further amendment
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would be futile.”). Because it appears beyond doubt that Plaintiff can prove no set of facts in
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support of his claims that would entitle him to relief, the Court finds that any amendment would
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be futile. Accordingly, the dismissal shall be with prejudice except as to a claim for violation of
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CPRA based on state law which is dismissed without prejudice to filing in state court.
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IV.
CONCLUSION
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For the foregoing reasons, Plaintiff’s Motion to Strike at ECF 29 is DENIED; and
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Defendants’ Motion to Dismiss at ECF 28 is GRANTED WITHOUT LEAVE TO AMEND. The
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case management conference set for January 10, 2019, is hereby VACATED. The Clerk shall
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close the case file.
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United States District Court
Northern District of California
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IT IS SO ORDERED.
Dated: November 16, 2018
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BETH LABSON FREEMAN
United States District Judge
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