Gordon

Gordon v. City of Moreno Valley

Good Law
687 F. Supp. 2d 930·2009 WL 3088557·2009 U.S. Dist. LEXIS 94106
United States District Court, Central District of CaliforniaAugust 31, 2009Case EDCV-09-688-SGL (SSx)California6,210 words

Opinion

Opinion

Larson, J.

ORDER GRANTING DEFENDANTS’ MOTION TO DISMISS BUT WITH LEAVE TO AMEND (DOCKET # 54); ORDER DENYING DEFENDANT’S MOTION TO DISMISS (DOCKET #21); ORDER HOLDING IN ABEYANCE RULING ON DEFENDANTS’ MOTION TO DISMISS PENDING COMPLETION OF JURISDICTIONAL DISCOVERY (DOCKET # 16)

This case arises from a series of warrantless “raid-style searches” all performed under the auspices of an administrative health and safety inspection of mostly African American-run barbershops in the City of Moreno Valley on April 2, 2008, by local police, in coordination with state and local inspectors.

Presently before the Court are three motions filed by various defendants to dismiss some or all of the claims contained in the complaint.

For the reasons set forth below, the Court GRANTS (subject to certain proviso) the individual Code Enforcement defendants’ motion to dismiss, but DENIES the remainder of the motions to dismiss as either prematurely filed or requiring further factual development before their merits can be resolved.

I. FACTUAL ALLEGATIONS

A. The Barbershops

Plaintiffs Kevon Gordon and Ronald Jones (both of whom are African American) have operated the Hair Shack, a barbershop located in Moreno…

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