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Hamilton v. Bagdesorian

United States District Court, E.D. California

July 10, 2019

NANCY D. HAMILTON, Plaintiff,
v.
GARY G. BAGDESORIAN, et al., Defendants.

          SCREENING ORDER GRANTING PLAINTIFF LEAVE TO FILE AMENDED COMPLAINT (ECF NO. 1) THIRTY DAY DEADLINE

         Nancy D. Hamilton (“Plaintiff”), proceeding pro se and in forma pauperis, filed this action pursuant to 42 U.S.C. § 1983. Currently before the Court is Plaintiff's complaint, filed July 8, 2019.

         I. SCREENING REQUIREMENT

         Notwithstanding any filing fee, the court shall dismiss a case if at any time the Court determines that the complaint “(i) is frivolous or malicious; (ii) fails to state a claim on which relief may be granted; or (iii) seeks monetary relief against a defendant who is immune from such relief.” 28 U.S.C. § 1915(e)(2); see Lopez v. Smith, 203 F.3d 1122, 1129 (9th Cir. 2000) (section 1915(e) applies to all in forma pauperis complaints, not just those filed by prisoners); Calhoun v. Stahl, 254 F.3d 845 (9th Cir. 2001) (dismissal required of in forma pauperis proceedings which seek monetary relief from immune defendants); Cato v. United States, 70 F.3d 1103, 1106 (9th Cir. 1995) (district court has discretion to dismiss in forma pauperis complaint under 28 U.S.C. § 1915(e)); Barren v. Harrington, 152 F.3d 1193 (9th Cir. 1998) (affirming sua sponte dismissal for failure to state a claim). The Court exercises its discretion to screen the plaintiff's complaint in this action to determine if it “(i) is frivolous or malicious; (ii) fails to state a claim on which relief may be granted; or (iii) seeks monetary relief against a defendant who is immune from such relief.” 28 U.S.C. § 1915(e)(2).

         In determining whether a complaint fails to state a claim, the Court uses the same pleading standard used under Federal Rule of Civil Procedure 8(a). A complaint must contain “a short and plain statement of the claim showing that the pleader is entitled to relief. . . .” Fed.R.Civ.P. 8(a)(2). Detailed factual allegations are not required, but “[t]hreadbare recitals of the elements of a cause of action, supported by mere conclusory statements, do not suffice.” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (citing Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007)).

         In reviewing the pro se complaint, the Court is to liberally construe the pleadings and accept as true all factual allegations contained in the complaint. Erickson v. Pardus, 551 U.S. 89, 94 (2007). Although a court must accept as true all factual allegations contained in a complaint, a court need not accept a plaintiff's legal conclusions as true. Iqbal, 556 U.S. at 678. “[A] complaint [that] pleads facts that are ‘merely consistent with' a defendant's liability . . . ‘stops short of the line between possibility and plausibility of entitlement to relief.'” Id. (quoting Twombly, 550 U.S. at 557). Therefore, the complaint must contain sufficient factual content for the court to draw the reasonable conclusion that the defendant is liable for the misconduct alleged. Iqbal, 556 U.S. at 678.

         II. COMPLAINT ALLEGATIONS

         Plaintiff brings this action against attorneys Gary G. Bagdesorian and Robert Koenig, Mike Gillaspy from Guarantee Real Estate, and Kaiser Permanente Hospital alleging harassment, rape, fondling, sexual rape, threats against herself and her children, and using a wand to look through her files. (Compl. 2-3, ECF No. 1.) She is seeking one hundred billion dollars. (Compl. 5.) Plaintiff alleges that she is being raped, fondled wherever she goes, being forced to be a human sexual doll and into the sex trade business, and harassed. (Id.) Plaintiff also alleges murder and that her car and trailer were wrecked. (Id.) In her statement of relief, Plaintiff states

My home stolen, my money in the bank robbed, is dating me and trying to make me a whore with the use of human noide manikans, torture, death, pre-meditated murder so they can steal my money and property . . . attempted murder, and purchase murder on my daughter and kidnapping and rape, fondling me, and operating on me along with harassment. The police department, Highway Patrol, and Sheriffs Dept will not help me.[1]

         (Compl. 6.)

         Plaintiff's complaint is comprised of 185 pages of which the majority are names and addresses and rambling, sometimes fanciful, statements that appear unrelated to the defendants against whom Plaintiff brings this action. The gist of Plaintiff's complaint appears to be that Plaintiff believes that her father and mother were murdered and people have been stealing from her.

         Based on the attachments to the complaint, Plaintiff was appointed as the administrator of her father's estate and Mr. Bagdesorian was the attorney for the estate. (Letter of Administration, ECF No. 1 at 74.) While acting as administrator of the estate, Plaintiff opened and closed multiple bank accounts; and on August 20, 2014, the Fresno County Administrator's Office closed a checking account that was opened by Plaintiff at Wells Fargo. (Clyde B Morris, Schedule G - Property on Hand, ECF No. 1 at 75.) Plaintiff's power to act as administrator was suspended because she was found to be abusing her fiduciary duties. (Order Suspending Powers of Former Administrator, ECF No. 1 at 72, 170.)

         On August 20, 2014, Plaintiff was provided with a three day notice to vacate property located at 4530 N. Lorna, Fresno, CA by the administrator of her father's estate. (Three-Day Notice to Terminate Tenancy, ECF No. 1 at 150.) On August 28, 2014, property located at 4530 N. Lorna Avenue was sold to Derrick Hall. (Clyde B Morris, Schedule G - Property on Hand, ECF No. 1 at 75; Grant Deed, ECF No. 1 at 161-62.)

         On April 2, 2015, the Fresno County Public Administrator moved for a final account and distribution of the estate. (Amended First and Final Account and Report of Successor Administrator and Petition for Allowance of Ordinary and Extraordinary Commissions and Fees and for Distribution, ECF No. 1 at 165-72.) The petition provided for distribution of the estate assets to Plaintiff and her two sibling. (Id. at 168-69.) Due to Plaintiff's breach of fiduciary duty, her share of the estate was reduced by $12, 683.64 and the other heirs each received an additional $6, 341.72. (Id. at 170.) Statutory attorney fees were to be awarded in the amount of $8, 018.35 with $3, 000.00 to be paid to County Counsel and $5, 018.35 to be paid to Mr. Bagdesorian. (Id.) Extraordinary fees were requested by both County Counsel and Mr. Bagdesorian. (Id. at 171.)

         On December 21, 2017, Plaintiff filed a complaint against Mr. Bagdesorian in Fresno County Superior Court alleging professional negligence and ...


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