Legal Opinion

Arroyo Vista Partners v. County of Santa Barbara

District Court, C.D. California

Decided March 7, 1990No. CV 89-5959 RB(JRx)PublishedCited by 19 opinions

1Opinion of the Court

MEMORANDUM OF DECISION AND ORDER GRANTING DEFENDANT’S MOTION TO DISMISS

BONNER, District Judge.

Defendant County of Santa Barbara moves to dismiss the complaint pursuant to Rules 12(b)(6) and 12(b)(1), Fed.R.Civ.P. or, in the alternative, requests the Court abstain from the exercise of jurisdiction and dismiss or stay the case because resolution of state law claims may obviate the need for constitutional adjudication in federal court. Hearing on the County’s motions was held on February 12, 1990. For the reasons explained below, the Court grants the County’s motion to dismiss the complaint.

BACKG…

2Cases cited37 opinions

  1. Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
  2. Conley v. GibsonSupreme Court of the United States · 1957
  3. United Mine Workers of America v. GibbsSupreme Court of the United States · 1966
  4. City of Canton v. HarrisSupreme Court of the United States · 1989
  5. Mt. Healthy City School District Board of Education v. DoyleSupreme Court of the United States · 1977

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3Cited by19 opinions

  1. Stivers v. PierceCourt of Appeals for the Ninth Circuit · 1995
  2. Clark v. City of Hermosa BeachCalifornia Court of Appeal · 1996
  3. Yerardi's Moody Street Restaurant & Lounge, Inc. v. Board of Selectmen of the Town of RandolphCourt of Appeals for the First Circuit · 1991
  4. Stubblefield Construction Co. v. City of San BernardinoCalifornia Court of Appeal · 1995
  5. Ocean Breeze Festival Park, Inc. v. ReichDistrict Court, E.D. Virginia · 1994

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