Roberts

Roberts v. Los Angeles City Fire Department

Good Law
32 F. App'x 267
United States Court of Appeals for the Ninth CircuitFebruary 22, 2002No. 00-55591; D.C. No. CV-99-12551 DDPCalifornia1,066 words

Opinion

Lead Opinion

MEMORANDUM *

Attorney Vicky Roberts appeals the district court’s dismissal of her claim for lack of subject matter jurisdiction. Because Ms. Roberts sought a declaration that a state superior court had erred in myriad ways, the district court concluded that the dictates of the Rooker-Feldman doctrine denied it jurisdiction. We have jurisdiction pursuant to 28 U.S.C. § 1291 and we affirm.

In December 1998, the Los Angeles Fire Department Arson Investigator submitted a 32-page affidavit in support of a warrant to search Ms. Roberts’ residence. After the warrant’s exercise, Ms. Roberts requested a hearing in California Superior Court to challenge its validity pursuant to Franks v. Delaware, 438 U.S. 154 , 98 S.Ct. 2674 , 57 L.Ed.2d 667 (1978). 1 Specifically, Ms. Roberts alleged that the warrant issued based on an affidavit containing false and misleading statements.

Following a Franks hearing, Los Angeles Superior Court Judge William R. Pounders found that the warrant issued based on probable cause. Ms. Roberts petitioned the Court of Appeal for a writ of mandate or prohibition to reverse Judge Pounders’ decision. Ms. Roberts’ petitions included allegations that Judge Pounders…

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