Moreno

Moreno v. Town of Los Gatos

Good Law
267 F. App'x 665
United States Court of Appeals for the Ninth CircuitFebruary 21, 2008No. 06-15569California599 words

Opinion

lead Opinion

MEMORANDUM *

Moreno appeals from the district court’s order dismissing her claims under the Bane Civil Rights Act ( Cal. Civ. Code § 52.1 ) and the Ralph Civil Rights Act (Cal Civ. Code § 51.7), which we review de novo. See Madison v. Graham, 316 F.3d 867, 869 (9th Cir.2002). The district court had jurisdiction over these state law claims pursuant to 28 U.S.C. § 1367 (a), and we have jurisdiction under 28 U.S.C. §§ 1291 and 1292(a)(1). Though the district court’s initial dismissal gave Moreno leave to amend her complaint, the district court’s February 24, 2006 Partial Order of Dismissal was intended to be a final, appeal-able order, giving this court jurisdiction to hear the appeal. See Knevelbaard Dairies v. Kraft Foods, Inc., 232 F.3d 979, 983 (9th Cir.2000). We reverse and remand as to the section 52.1 claim, but affirm the district court in all other respects.

The district court erred in holding that a valid section 52.1 claim requires a plaintiff to allege violence or threats of violence. In Venegas v. County of Los Angeles, 32 Cal.4th 820, 841 , 11 Cal.Rptr.3d 692 , 87 P.3d 1 (2004), the California Supreme Court clarified that sections 52.1 and 51.7 are “separate and…

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