Hernandez

MEMORANDUM AND ORDER DENYING PLAINTIFFS’ MOTION TO REMAND

FACTUAL BACKGROUND

This action was originally filed in Los Angeles Superior Court on April 18, 1988, and then removed to this court by defendants Magic Mountain and Wyatt on May 17, 1988. Defendant Magic Mountain is an amusement park open to the general public, and defendant Wyatt is its employee. Plaintiffs are four Latino youths who are challenging Magic Mountain’s alleged practice of stopping and searching certain patrons whom they suspect of being members of gangs based upon their ethnicity and physical description. Among other things, park employees believed that one of the youths was wearing a shirt bearing an insignia associated with gang membership. Plaintiffs allege that they were attempting to enter the park when employees of Magic Mountain forced them out of their car and searched them without their consent. Plaintiffs also challenge the involvement of the Los Angeles County Sheriff’s Department in the subsequent release of confidential information concerning plaintiffs to unauthorized persons.

Plaintiffs’ complaint alleges causes of action based upon violations of: (1) § 51 of the Unruh Civil Rights Act; (2)…