Alvarado

Proceedings: MOTION TO DISMISS

Before the Court is a Motion to Dismiss filed by defendants County of Los Angeles, Los Angeles County Sheriffs Department, Sheriff Lee Baca, and William Stonich, Larry Waldie, Doyle Campbell, Paul Tana-ka, Charles Jackson, Marc Klugman, all of whom either were or are high-ranking officials within the Los Angeles County Sheriffs Department (collectively the “County Defendants”). The County Defendants challenge the sufficiency of the putative class action Complaint filed by plaintiff Julio Alvarado (“Plaintiff’) on behalf of himself and all others similarly situated.

Plaintiff alleges that he was arrested on Saturday, November 5, 2005, by LAPD officers on a warrant issued for Walfre Hernandez. Plaintiffs name appeared as an alias on the arrest warrant for Mr. Hernandez. Plaintiff believes that his name appeared as an alias for Mr. Hernandez because he was the victim of identity theft. Although Plaintiff claims to have repeatedly told LAPD personnel that he was not the subject of the warrant, he was held for 3 days by the LAPD before being transferred to the Los Angeles County Sheriffs Department. Plaintiff was held for an additional day by the…