Legal Opinion

Hernandez v. City of El Monte

Court of Appeals for the Ninth Circuit

Decided March 3, 1998No. Nos. 95-56731, 95-56736PublishedCited by 860 opinions

1Opinion of the Court

. PREGERSON, Circuit Judge:

The plaintiffs appeal from the district court’s dismissal of Hernandez v. City of El Monte (“Hernandez ”) for judge-shopping and lack of prosecution. The plaintiffs appeal from the district court’s dismissal of Garza v. City of El Monte (“Garza ”) for judge-shopping and failure to timely file within the statute of limitations. We have jurisdiction under 28 U.S.C. § 1291. We reverse the dismissal of Hernandez. We affirm the dismissal of Garza, without prejudice.

FACTS AND PRIOR PROCEEDINGS

The Hernandez and Garza actions involve the same events and the same parties.…

2Cases cited26 opinions

  1. Michael Henry Ferdik v. Joe Bonzelet, SheriffCourt of Appeals for the Ninth Circuit · 1992
  2. Chambers v. Nasco, Inc.Supreme Court of the United States · 1991
  3. Ann J. Malone v. United States Postal Service, an Agency of the United StatesCourt of Appeals for the Ninth Circuit · 1987
  4. Henderson v. DuncanCourt of Appeals for the Ninth Circuit · 1986
  5. Patricia Scott Anderson v. Air West, IncorporatedCourt of Appeals for the Ninth Circuit · 1976

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3Cited by860 opinions

  1. David P. Pagtalunan v. George Galaza, Warden Thomas Maddock, Acting Director, California Department of CorrectionsCourt of Appeals for the Ninth Circuit · 2002
  2. In Re Phenylpropanolamine (Ppa) Products Liability Litigation, Shantell Allen, on Behalf of Allen, Vera v. Bayer Corporation, Leon Anderson, Jr. v. Bayer Corporation, Leslie Ackel v. Bayer Corporation, Bridgett Arrington v. Bayer Corporation, Calvin McGriggs v. Delaco Company, Betty Clinton v. Delaco Company, Donna Sasseen v. Ide Interstate Inc., Elizabeth Page v. Bayer Corporation, Marie Riley v. Wyeth, Obo Itself and Its Unincorporated Division, Wyeth Consumer Healthcare, Fka Whitehall-Robins Healthcare Formerly Known as American Home Products Corporation, and Keva K. Alford, on Behalf of All Wrongful Death Beneficiaries of Henry Dexter, and Eddie Bullock v. Wyeth, Obo Itself and Its Unincorporated Division, Wyeth Consumer Healthcare, Fka Whitehall-Robins Healthcare Formerly Known as American Home Products Corporation, and Novartis Pharmaceuticals Corporation, Bobby Holmes v. Bayer Corporation, Melody McDaniel v. Wal-Mart Stores, Inc., Samantha Samuels v. Bayer CorporationCourt of Appeals for the Ninth Circuit · 2006
  3. Yourish v. California AmplifierCourt of Appeals for the Ninth Circuit · 1999
  4. Willie Lee Miles v. K.W. Prunty, Warden Attorney General of the State of CaliforniaCourt of Appeals for the Ninth Circuit · 1999
  5. Ready Transportation, Inc. v. AAR Manufacturing, Inc.Court of Appeals for the Ninth Circuit · 2010

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