Kelly
Kelly v. City of Poway
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 KEVIN T. KELLY, Case No.: 18cv2615-JO-DEB Plaintiff,
13 v.
ORDER GRANTING IN PART AND
DENYING IN PART DEFENDANT’S
CITY OF POWAY, a municipal MOTION TO DISMISS corporation, 16 Defendant. 17 18 19 20 Defendant City of Poway filed a motion to dismiss Plaintiff Kevin T. Kelly’s third amended complaint on various grounds, including failure to provide statutory notice, failure to state a claim under Federal Rule of Civil Procedure 12(b)(6), and failure to provide a short and plain statement under Federal Rule of Civil Procedure 8(a)(2). Dkt. 45. For the reasons stated below, City of Poway’s motion is GRANTED IN PART and DENIED IN PART. /// /// I. BACKGROUND Plaintiff, a self-described patent attorney, is a citizen of the city of Poway where he owns 43 acres of land. Dkt. 44 (the “TAC”) ¶ 133; Dkt. 44-5. Plaintiff’s land allegedly includes streams and springs in Warren Canyon that…