D.B. And S.B. v. Ingrid Brewer et alNOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' First Amended ComplaintC.D. Cal.May 22, 20171 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 84762667v1 Case No. 2:17-cv-01651 CAS-RAO DEFENDANT ASPIRANET'S NOTICE OF MOTION AND MOTION TO DISMISS PLAINTIFFS' FIRST AMENDED COMPLAINT SEDGWICK LLP LAURA L. GOODMAN, State Bar No. 142689 laura.goodman@sedgwicklaw.com 333 Bush Street, 30th Floor San Francisco, CA 94104-2834 Telephone: 415.781.7900 Facsimile: 415.781.2635 SEDGWICK LLP SHERYL M. ROSENBERG, State Bar No. 232862 sheryl.rosenberg@sedgwicklaw.com 801 S. Figueroa Street, 19th Floor Los Angeles, CA 90017-5557 Telephone: 213.426.6900 Facsimile: 877.547.6580 HOOPER, LUNDY & BOOKMAN, INC. LINDA RANDLETT KOLLAR State Bar No. 126850 lkollar@health-law.com 1875 Century Park East, Suite 1600 Los Angeles, CA 90067 Telephone: 310.551.8194 Facsimile: 310.551.8181 Attorneys for Defendant ASPIRANET UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION D.B. and S.B., by and through their Guardian Ad Litem, KELLI CLARKE, Plaintiffs, v. INGRID BREWER, an individual; COUNTY OF LOS ANGELES, a Governmental Entity; RABIA MIRZA, an individual; PATRICIA MC QUEEN, an individual; RENEE MARSHALL, an individual; EDMUND PAIK, an individual; ASPIRANET, an unknown business entity; and DOES 1 through 20, inclusive, Defendants. Case No. 2:17-cv-01651-CAS-RAO DEFENDANT ASPIRANET'S NOTICE OF MOTION AND MOTION TO DISMISS PLAINTIFFS' FIRST AMENDED COMPLAINT [FED.R.CIV.P. 12(b)(6)] Date: June 19, 2017 Time: 10:00 a.m. Courtroom: 8D Honorable Christina A. Snyder Case 2:17-cv-01651-CAS-RAO Document 27 Filed 05/22/17 Page 1 of 3 Page ID #:197 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 84762667v1 -1- Case No. 2:17-cv-01651 CAS-RAO DEFENDANT ASPIRANET'S NOTICE OF MOTION AND MOTION TO DISMISS PLAINTIFFS' FIRST AMENDED COMPLAINT TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that on June 19, 2017 at 10:00 a.m. or at such other time as the matter may be heard before the Honorable Christina A. Snyder, Courtroom 8D, 8th Floor of the First Street Courthouse located at 350 W. First Street, Los Angeles, California 90012, defendant Aspiranet ("Aspiranet") will and hereby does move to dismiss plaintiffs' First Amended Complaint ("FAC") on the following grounds: 1. Pursuant to Federal Rule of Civil Procedure 12(b)(6), Aspiranet moves to dismiss the Fourth Cause of Action in the FAC because plaintiffs cannot state a 42 U.S.C. § 1983 claim against Aspiranet, a private party, as a matter of law. 2. Pursuant to Federal Rule of Civil Procedure 12(b)(6), Aspiranet moves to dismiss the Third Cause of Action in the FAC because "Breach of Special Relationship" is not an independent cause of action and is redundant of plaintiffs' Fifth Cause of Action for Negligence. 3. Pursuant to Federal Rule of Civil Procedure 12(b)(6) Aspiranet moves to dismiss allegations in the FAC that Aspiranet is a "public entity" subject to the California Government Code and that Aspiranet is subject to the California Welfare & Institutions Code and the California Department of Social Services Division 31 Manual of Policies on the ground that Aspiranet is not a "public entity" and is not subject to those statutes and regulations as a matter of law. 4. Pursuant to Federal Rule of Civil Procedure 12(b)(6) and Federal Rule of Civil Procedure 8, Aspiranet moves to dismiss the remainder of the FAC on the ground that it does not comply with Rule 8 and as it is prolix, confusing, conclusory, contains wholesale (and incorrect) citations to statutes and regulations, improperly incorporates each allegation and cause of action into the others and fails to set forth who is being sued, for what relief, and on what theory with sufficient detail to guide discovery and motion practice. Case 2:17-cv-01651-CAS-RAO Document 27 Filed 05/22/17 Page 2 of 3 Page ID #:198 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 84762667v1 -2- Case No. 2:17-cv-01651 CAS-RAO DEFENDANT ASPIRANET'S NOTICE OF MOTION AND MOTION TO DISMISS PLAINTIFFS' FIRST AMENDED COMPLAINT This motion is based on this Notice of Motion and Motion, Aspiranet's Memorandum of Points and Authorities in Support of this Motion filed herewith, Aspiranet's Request for Judicial Notice filed herewith, the Declaration of Laura L. Goodman filed herewith, Aspiranet's Appendix of Authorities filed herewith, all documents and pleadings on file with the Court and on such additional and further matter as may be presented to the Court at or prior to the hearing on this matter. DATED: May 22, 2017 Respectfully submitted, SEDGWICK LLP By: /s/ Laura L. Goodman LAURA L. GOODMAN SHERYL M. ROSENBERG Attorneys for Defendant ASPIRANET Case 2:17-cv-01651-CAS-RAO Document 27 Filed 05/22/17 Page 3 of 3 Page ID #:199
