Lewin

Los Angeles County Ass'n of Environmental Health Specialists v. Lewin

Good Law

215 F. Supp. 2d 1071·2002 WL 1815907·2002 U.S. Dist. LEXIS 19466

United States District Court, Central District of CaliforniaMay 31, 2002CV 02-2190 AHM (JTLx)California3,843 words

Opinion

Matz, J.

ORDER GRANTING DEFENDANTS’ MOTIONS TO DISMISS

I. INTRODUCTION

This action is before the Court on the motion of Defendants Kurt Lewin, the Superior Court of the County of Los Angeles (“Superior Court”) and the Court of Appeal of the State of California (“Court of Appeal”) and the separate motion of Defendant County of Los Angeles (“County”) to dismiss the complaint of Plaintiff Los Angeles County Association of Environmental Health Specialists (“Association”) under Rule 12(b) of the Federal Rules of Civil Procedure for lack of subject matter jurisdiction and for failure to state a claim. This motion having been fully briefed, the Court finds that it may render a decision without a hearing pursuant to Fed. R.Civ.P. 78 and L.R. 7-15. Good cause appearing therefor, the Court GRANTS both motions to dismiss.

II. FACTUAL ALLEGATIONS

In its complaint filed March 15, 2002, the Association alleges the following facts, which the Court takes as true for purposes of this motion to dismiss. Wyler Summit Partnership v. Turner Broadcasting System, Inc., 135 F.3d 658, 661 (9th Cir.1998).

The Association is a “recognized employee organization” that represents employees who are environmental…

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