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Beets v. County of Los Angeles

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


December 8, 2009

KRISTY BEETS AND GLENN ALLEN ROSE, AS SUCCESSORS IN INTEREST TO GLENN PATRICK ROSE; KRISTY BEETS, AN INDIVIDUAL; AND GLENN ALLEN ROSE, AN INDIVIDUAL, PLAINTIFFS,
v.
COUNTY OF LOS ANGELES, CALIFORNIA, A POLITICAL SUBDIVISION OF THE STATE OF CALIFORNIA; STEVEN WINTER, AN INDIVIDUAL; AND DOES 1 THROUGH 10 INCLUSIVE, DEFENDANTS.

The opinion of the court was delivered by: Honorable Manuel L. Real

JUDGMENT AND ORDER RE DISMISSAL

On December 7, 2009, the Court heard and ruled upon the Motion for Judgment on the Pleadings filed on behalf of Defendants COUNTY OF LOS ANGELES and DEPUTY STEVEN WINTER. David D. Lawrence of Lawrence Beach Allen & Choi, PC, appeared on behalf of the Defendants and Dale Galipo appeared on behalf of Plaintiffs.

The Court having considered the moving, opposition and reply papers and oral argument of counsel, ruled as follows:

1. Plaintiffs' causes of action under 42 U.S.C. § 1983 are barred by the criminal conviction of Sarah Rebecca Morales in that success on the federal claims by Plaintiffs in the instant action would necessarily imply the invalidity of the criminal conviction of Ms. Morales. Heck v. Humphrey, 512 U.S. 477 (1994); Smith v. City of Hemet, 394 F.3d 689 (9th Cir. 2005);

2. As to the remaining state law claims in the First Amended Complaint, the Court declines to exercise the supplemental jurisdiction over said claims and dismisses same without prejudice.

Accordingly, judgment is entered in favor of Defendants COUNTY OF LOS ANGELES and DEPUTY STEVEN WINTER with regard to the First, Second and Third Claims for Relief in the First Amended Complaint and against Plaintiffs KRISTY BEETS and GLENN ALLEN ROSE and Defendants shall be entitled to costs of suit incurred herein pursuant to Local Rule 54-1. Plaintiff's supplemental state law claims are dismissed without prejudice.

IT IS SO ORDERED.

HONORABLE MANUEL L. REAL United States District Judge

20091208

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