Lisa A. Johnson, D.D.S. v. B.H. Liquidation Corporation City of Hayward South West Leasing, Inc.

960 F.2d 152 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Lisa A. JOHNSON, D.D.S., Plaintiff-Appellant, v. B.H. LIQUIDATION CORPORATION; City of Hayward; South West Leasing, Inc., Defendants-Appellees. No. 91-15507. United States Court of Appeals, Ninth Circuit. Argued March 12, 1992. Submitted April 15, 1992. Decided April 21, 1992. Before REINHARDT, NOONAN and DAVID R. THOMPSON, Circuit Judges. 1 ORDER * 2 At oral argument, we allowed South West 20 days from the date of argument in which to settle with Johnson or to submit a brief arguing that Johnson's conspiracy theory did not survive a motion to dismiss. The twenty days have expired and, as far as the record shows, South West has done neither. We reverse as to South West and remand for further proceedings. 3 A private party is liable under 42 U.S.C. § 1983 (1988) when it has conspired with state actors to violate the plaintiff's constitutional rights. Adickes v. S.H. Kress & Co., 398 U.S. 144 (1970). To…