Jose Lozano v. John Doe 1

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

Case No. 5:20-cv-00684-SVW (SK)

JOSE LOZANO,

ORDER ACCEPTING REPORT

Plaintiff,

AND RECOMMENDATION TO

v. GRANT IN PART AND DENY

IN PART DEFENDANTS’

JOHN DOE 1 et al., MOTION TO DISMISS

Defendants.

In accordance with 28 U.S.C. § 636, the Court has reviewed the assigned Magistrate Judge’s Report and Recommendation to dismiss Plaintiff’s first amended complaint in part only. The Court has also completed its de novo review of those portions of the Report and Recommendation to which Defendants have objected. The Court finds that those objections lack merit. First, whether Plaintiff was unlawfully arrested at his home without a warrant for violating a local noise ordinance cannot be resolved on the face of the complaint as a matter of law. Taken as true and liberally construed, Plaintiff’s material allegations plausibly allege that his warrantless arrest took place in the curtilage of his home (ECF 13 at 4, 8), thereby requiring exigent circumstances to be lawful under the Fourth Amendment. See United States v. Struckman, 603 F.3d 731, 739 (9th Cir. 2010); United States v.…