Edwards

Edwards v. County of San Diego

Good Law
124 F. App'x 547
United States Court of Appeals for the Ninth CircuitMarch 3, 2005No. 03-55832California563 words

Opinion

Lead Opinion

MEMORANDUM **

Plaintiff-Appellant Tamye Edwards appeals the district court’s grant of summary judgment and the dismissal of her suit with prejudice. As Edwards’s counsel conceded at oral argument, only one of the myriad of claims raised in her brief has merit: whether the First Amended Complaint sufficiently raised a claim under the California Constitution.

Federal Rule of Civil Procedure 8(a) states that a complaint only requires a “short and plain statement of the claim showing that the pleader is entitled to relief.” This court has repeatedly held that “ ‘[a] party need not plead specific legal theories in the complaint, so long as the other side receives notice as to what is at issue in the case.’ ” Sagana v. Tenorio, 384 F.3d 731 , 736-37 (9th Cir.2004) (quoting Am. Timber & Trading Co. v. First Nat’l Bank, 690 F.2d 781, 786 (9th Cir. 1982)). “[The] simplified notice pleading standard relies on liberal discovery rules and summary judgment motions to define disputed facts and issues and to dispose of unmeritorious claims.” Swierkiewicz v. Sorema N.A., 534 U.S. 506, 512 , 122 S.Ct. 992 , 152 L.Ed.2d 1 (2002). Furthermore, civil rights complaints are liberally construed.…

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