Case 2:20-cv-07363-DMG-SK Document 1 Filed 08/14/20 Page 1 of 16 Page ID #:1
1 Marcy Railsback (SBN 82918) [email protected] 2 Railsback Law PC 515 Ocean Avenue, No. 302N 3 Santa Monica, CA 90402 T 310.560.7171 4 F 310.564.1888 5 Attorney for Plaintiff Nina Erlandson 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE CENTRAL DISTRICT OF CALIFORNIA 10
11 NINA ERLANDSON, ) ) 12 Plaintiff, ) Civil Action No.: ) 2:20-cv-7363 13 v. ) ) 14 LOS ANGELES MAYOR ) ERIC GARCETTI, ) COMPLAINT 15 in his individual and official ) capacities, ) 16 ) JURY TRIAL DEMANDED Defendants. ) 17 COMPLAINT 18 19 Plaintiff, Nina Erlandson, files this Complaint, for equitable relief only, against 20 Defendant Eric Garcetti, in his individual and official capacities, under 42 U.S.C. § 21 22 1983 for denial of substantive due process, procedural due process, as well as violations 23 of the takings clause and the equal protection clause. In support thereof, Plaintiff 24 alleges as follows: 25 26 27 28
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1 INTRODUCTION 2 Access to water is a basic human right. The UN General Assembly stated that it 3 was “[d]eeply concerned that approximately 884 million people lack access to safe 4 5 drinking water and that more than 2.6 billion do not have access to basic sanitation,” 6 and “alarmed that approximately 1.5 million children under 5 years of age die and 443 7 8 million school days are lost each year as a result of water- and sanitation-related 9 diseases." https://undocs.org/A/RES/64/292 (last accessed August 11, 2020). 10 This Complaint is brought in response to Mayor Garcetti's threat to withhold 11 12 certain citizens of the City of Los Angeles the basic human right to access water and 13 electricity. The Mayor asserts that this order is necessary to stem the spread of the 14 COVID-19 pandemic; however, the unnecessarily harsh punishment is not only illegal, 15 16 it is counter-productive to enforcing the COVID-19 social distancing that Defendant 17 purports to seek. 18 Lack of access to water and electricity would have dire consequences for 19 20 residents. In addition to water- and sanitation-related diseases, shutting off water 21 service to residential homes would prevent individuals from tending to their basic 22 hygiene needs and accelerate the spread of a disease which has already caused more 23 24 than 167,000 deaths in the United States.
25 Lack of electricity—and thus air conditioning of even electric fans—in Southern 26 California, in the summertime, would further create safety hazards by driving citizens 27 28
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1 from the relative isolation of their homes outside into cooler public areas at a time when 2 social distancing measures are considered essential to the control of COVID-19. 3 The Supreme Court has held that municipal utility services may not be denied 4 5 without due process of law, including an administrative procedure for entertaining 6 customer complaints prior to termination of services, in order to afford reasonable 7 8 assurance against erroneous or arbitrary withholding of essential services. Memphis 9 Light, Gas & Water Div. v. Craft, 436 U.S. 1, 14, 98 S. Ct. 1554, 1563, 56 L. Ed. 2d 30, 10 1978 WL 391833 (1978). 11 12 Garcetti’s actions constitute the exact kind of erroneous or arbitrary withholding 13 of services that the Supreme Court contemplated in Memphis Light, Gas & Water. Not 14 only that, but Garcetti’s actions also violate the Constitution’s guarantees of substantive 15 16 and procedural due process, equal protection, and constitute an illegal taking without 17 just compensation. 18 JURISDICTION AND VENUE 19 20 1. Jurisdiction is proper under 28 U.S.C. §§§ 1331, 1343(a)(4), and 2201-2202. 21 2. Venue is proper under 28 U.S.C. § 1391(b) because (1) a substantial part of the 22 23 events and omissions giving rise to Plaintiffs claims occurred within this District 24 and Division and (2) Defendant resides and transacts business in this District and 25 Division. 26 27 28
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1 PARTIES 2 3. Plaintiff, at all times relevant to this Complaint, was a resident of the City of Los 3 4 Angeles, California, and a United States citizen. 5 4. Defendant, at all times relevant to this Complaint, was the duly elected Mayor of 6 the City of Los Angeles and the person who issued the order to terminate water 7 8 and electricity to certain real properties within the city. 9 STATEMENT OF FACTS 10 A. Mayor Garcetti announces his intention to punitively shut off water 11 and power in the middle of a pandemic and during one of the hottest 12 months of the year
13 5. On August 5, 2020, Los Angeles Mayor Eric Garcetti appeared in a televised 14 15 press conference where he announced an order authorizing the police to shut off 16 water and power to city residents from homes that host large gatherings. Garcetti 17 claimed that the intent of this order was to halt social distancing violations that 18 19 constitute “public dangers and a threat to all of us.” 20 6. Garcetti plans to give the Los Angeles Police Department ("the LAPD") the 21 authority to investigate these large private gatherings in people’s homes. The 22 23 LAPD would then have the discretion to request that the city-controlled
24 Department of Water and Power ("the DWP") shut off the water and power at 25 those residences. 26 27 7. Garcetti claimed that the shutoffs would be targeted only at those people who are 28
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1 “determined to break the rules.” Though Garcetti stated that police would not be 2 pursuing “small and ordinary gatherings in people’s homes,” the mayor has not 3 released any further guidelines or a specific written order. Garcetti’s comments 4 5 suggest that the determination of whether to request that the utilities of a certain 6 residence be shut off would be a matter of police discretion without any process 7 8 requiring advance notice or opportunity to contest the factual basis for the 9 shutoff. 10 8. Garcetti’s announcement is the latest in a series of conflicting mandates from the 11 12 City of Los Angeles and the State of California dating back to March of 2020. 13 9. The announcement that certain residents will be deprived of water and power 14 comes during one of the hottest months of the year in Los Angeles, during which 15 16 heat-related illnesses historically have led to hospitalizations and mortalities. 17 https://oehha.ca.gov/epic/impacts-biological-systems/heat-related-mortality-and- 18 morbidity (last accessed August 11, 2020). These mortalities would be 19 20 exacerbated by comorbidities and the COVID-19 threat. 21 https://www.bloomberg.com/news/ articles/2020-07-24/how-extreme-heat- 22 makes-covid-19-more-deadly (last accessed August 11, 2020). 23 24 B. The City of Los Angeles has issued a series of conflicting shelter in place orders, beginning in March 2020 25 26 10. Beginning in March, the city began a series of shutdowns, openings, and
27 reclosures likely to confuse the average Los Angeles resident. 28
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1 11. The Los Angeles County Board of Supervisors first declared a public health 2 emergency in response to the threat of COVID-19 on March 5, 2020. https:// 3 www.latimes.com/california/newsletter/2020-03-05/coronavirus-cruise- 4 5 emergency-newsletter (last accessed August 10, 2020). 6 12. Following the declaration of a public health emergency, Garcetti issued the 7 8 "Safer at Home" order on March 19, 2020. The initial "Safer at Home" order 9 mandated that residents only leave their homes for "essential activities," such as 10 buying groceries or seeking medical treatment. Residents were permitted to 11 12 engage in limited other activities, such as walking through their neighborhoods. 13 At the time, the city did not clarify when the order would end. 14 https://www.nbclosangeles.com /news /local/los-angeles-safer-at-home- 15 16 rules/2332257/ (last accessed August 11, 2020). 17 13. The city subsequently announced a plan to begin reopening in a series of stages 18 labeled I-V. During Stage I, which lasted until May 8, all essential businesses 19 20 remained closed. On May 8, the City and County of Los Angeles transitioned to 21 Stage II, during which time, limited businesses reopened in a series of five 22 additional sub-stages. https://corona-virus.la/SaferLA (last accessed August 11, 23 24 2020).
25 14. On June 1, 2020, Garcetti withdrew the "Safer at Home" order and issued the 26 "Safer LA" order in its place. https://www.lamayor.org/COVID19Orders (last 27 28 accessed August 11, 2020).
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1 15. On June 12, Los Angeles County entered Stage III of the reopening plan. On 2 June 12, museums, galleries, hotels, and public stadiums reopened. On June 19, 3 bars and wineries were allowed to resume operations. 4 5 16. The county quickly reversed course, however, and on June 28 once again closed 6 those same bars and wineries. On July 1, the county shut down indoor dining at 7 8 restaurants. By July 13, the county had rolled back Stage III entirely. Museums, 9 galleries, hotels and public stadiums were once again closed. https://corona- 10 virus.la/SaferLA (last accessed August 11, 2020). 11 12 17. The Safer LA order has since been revised multiple times. Residents of Los 13 Angeles have had to keep up with a series of ever-changing mandates regarding 14 their ability to attend businesses and assemble. 15 16 18. Most recently, on August 7, Garcetti announced he would be giving the LAPD 17 the authority to request that the county shut off the water and power of venues 18 found to be holding gatherings in violation of the rapidly changing orders. 19 20 C. Shutting off power during one of the hottest months of the year poses a threat to the safety of Los Angeles residents 21 22 19. Garcetti's orders to shut off water and power come during one of the hottest
23 months of the year in Los Angeles. On August 15 and 16 alone, high 24 temperatures are expected to be in the mid-90s. 25 26 https://weather.com/weather/tenday
27 /l/Los+Angeles+CA?canonicalCityId=84c64154109916077c8d3c2352410aaae5f 28
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1 6eeff682000e3a7470e38976128c2 (last accessed August 11, 2020). 2 20. Throughout the United States, heat advisories and warnings have been in place, 3 while experts predict that above average temperatures will continue throughout 4 5 August and into September. 6 https://thehill.com/opinion/energy-environment/511299-heat-waves-to-heighten- 7 8 energy-and-water-insecurity-during-covid-19 (last accessed August 11, 2020). 9 21.The record high heat this summer is also predicted to contribute to the increase 10 of drying of vegetation in California, a State which is historically fire prone. 11 12 https://www.washingtonpost.com/weather/2020/07/13/heat-wave-south- 13 coronavirus/ (last accessed August 11, 2020). 14 22. Los Angeles residents whose power has been cut off for exercising their right to 15 16 assemble will have no relief from these record high temperatures. 17 23. Heat is the top weather-related cause of death in the United States, and heat 18 illness is more likely to occur when people cannot cool off at night. 19 20 https://www.washingtonpost.com/weather/2020/07/13/heat-wave-south- 21 coronavirus/ (last accessed August 11, 2020). 22 24. There is an overlap between those who are most at risk from heat-related 23 24 illnesses and those who are most at risk for COVID-19 complications. A guide
25 from Global Heat Health Information Network noted hot weather could 26 complicate COVID-19 responses by increasing patient load at care centers, and 27 28 that fear of contracting the coronavirus might discourage people who have heat-
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1 related illnesses from obtaining care. Id. 2 25. Currently those without water or power in Los Angeles would not have access to 3 traditional public places where people might seek air conditioning, such as 4 5 libraries, public pools and community centers. 6 https://thehill.com/opinion/energy-environment/511299-heat-waves-to-heighten- 7 8 energy-and-water-insecurity-during-covid-19 (last accessed August 11, 2020). 9 D. A lack of access to water could impede residents’ ability to take 10 COVID-19 related health precautions
11 26. Rather than stymying the threat of COVID-19, punitive water shutoffs would
12 prevent Los Angeles residents—many with preexisting conditions—from taking 13 hygiene-related measures such as washing their hands and cleaning themselves 14 15 and their belongings after possible exposure.
16 27. Public health experts warn that COVID-19 can spread and cause entire 17 populations to become ill when people do not have the ability to wash their 18 19 hands. The Centers for Disease Control and Prevention has declared frequent 20 handwashing for at least 20 seconds with soap and water necessary to decrease 21 the risk of infection. Bottled water and hand sanitizer are not sufficient to reduce 22 23 the risk of infection. 24 https://www.cdc.gov/healthywater/hygiene/hand/handwashing.html (last 25 accessed August 11, 2020); https://www.who.int/docs/default- 26 27 source/coronaviruse/who-hh-community-campaign- 28
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1 finalv3.pdf?sfvrsn=5f3731ef_2. (last accessed August 11, 2020). 2 28. The State of California acknowledged the importance of access to clean water 3 during a pandemic on April 2, 2020, when Governor Gavin Newsom issued an 4 5 executive order creating a statewide moratorium on water shutoffs to protect 6 Californians. https://www.gov.ca.gov/wp-content/uploads/2020/04/4.2.20-EO-N- 7 8 42-20.pdf (last accessed August 11, 2020). 9 29. The moratorium declared, in relevant part, that it was the policy of the State that 10 “every human being has the right to safe, clean, affordable and accessible water,” 11 12 and that “to limit the spread of COVID-19 it is crucial that Californians wash 13 their hands regularly and thoroughly.” Id. 14 30. Mayor Garcetti’s threats to shut off water for residents who are found to be 15 16 “breaking the rules” is in violation of that executive order. 17 31. Punitively cutting off water and power during the middle of a pandemic will 18 only exacerbate COVID-19 spread and mortalities. 19 20 32. As a result of this order, Plaintiff feels restrained from holding any gatherings in 21 her home, even if such gatherings are within the public health recommendations, 22 because Defendant’s threat to cut off Plaintiff’s water and electricity could be 23 24 enforced without prior warning and without any opportunity for Plaintiff to
25 explain why her gathering was in fact within public health guidelines. 26
27 28
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1 COUNT I 2 PROCEDURAL DUE PROCESS (Against Defendant Garcetti in his individual and official capacities) 3 33. Plaintiff incorporates paragraphs 1 to 32 and any other facts this Court deems 4 5 relevant into this Count as if set out fully herein.
6 34. Water and electric access are property rights under California and Federal law, 7 withholding such access without adequate process protections is a violation of 8 9 the 5th and 14th amendments to the United States Constitution. See H & M
10 Assocs. v. City of El Centro, 109 Cal. App. 3d 399, 414, 167 Cal. Rptr. 392, 402 11 (Ct. App. 1980) (concurrence) (“state law recognized a property interest [in 12 13 water service] which is cognizable under federal due process as analyzed in 14 Memphis Light, Gas & Water Division v. Craft, 436 U.S. 1, 98 S.Ct. 1554, 56 15 L.Ed.2d 30”) 16 17 35. The mayor has provided no procedure to contest these arbitrary shutoffs. 18 36. There is no process afforded a city resident to be notified in advance that their 19 water and power are about to be shut off within 48 hours. 20 21 37. There is no process afforded a city resident to provide evidence or otherwise 22 contest the allegation that a large gathering occurred at this residence. 23 38. There is no process afforded a city resident to provide evidence or otherwise 24 25 contest the allegation that a gathering was in violation of any public health order. 26 39. There is no process afforded a city resident to provide evidence or otherwise 27 28 contest the allegation that large illegal gatherings occurred multiple times.
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1 Defendant’s order fails to even specify exactly how many prior offenses are 2 sufficient to trigger the extremely punitive remedy of loss of water and electrical 3 service. 4 5 40. There is no process to appeal any decision made by the LAPD to shut off water 6 and electrical service. 7 8 41. Garcetti has given complete discretion to the LAPD to determine which 9 residences to investigate, whether to deem that the owners of a residence a 10 “repeat offender,” and to subsequently call the DWP to turn off that residence’s 11 12 power within only 48 hours. 13 42. Garcetti has indicated that there will be no notice provided to residents, no 14 opportunity to remedy their violation, and no opportunity to contest the basis for 15 16 the shut off. 17 43. This lack of process or remedy violates the residents’ right to procedural due 18 process in property rights under California and Federal law. 19 20 COUNT II SUSTANTIVE DUE PROCESS 21 (Against Defendant Garcetti in his individual and official capacities) 22 44. Plaintiff incorporates paragraphs 1 to 32 and any other facts this Court deems 23 24 relevant into this Count as if set out fully herein.
25 45. Water and electric access are fundamental rights under California and Federal 26 law. 27 28 46. Defendant’s order is not narrowly tailored to any compelling state interest.
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1 47. Defendant publicly asserts that the state’s interest is in preventing the spread of 2 COVID-19 by punishing mass gatherings at residences. However, shutting off 3 water and electricity actually increase the possibility of COVID-19 spread. 4 5 Residents would be unable to wash their hands, a mitigation measure strongly 6 recommended by the CDC, and lack of air conditioning or fans would only 7 8 encourage residents to leave their residence in contravention of the stated goal to 9 enhance social distancing. 10 48. Based on the facts incorporated into this count, Garcetti’s actions are not 11 12 narrowly tailored to the interest of spreading COVID-19, but rather would 13 further the spread and heighten mortalities by denying Plaintiffs access to basic 14 needs for hygiene and safety during the height of a pandemic. Garcetti’s actions 15 16 are not even related to the interest of preventing the spread of COVID-19, as 17 shutting off water and power to residences is not related to preventing the spread 18 of COVID-19. 19 20 49. Based on the facts incorporated to support this count, Garcetti’s actions violate 21 the right to substantive due process. 22 COUNT III 23 TAKINGS CLAUSE 24 (Against Defendant Garcetti in his individual and official capacities)
25 50. Plaintiff incorporates paragraphs 1 to 32 and any other facts this Court deems 26 relevant into this Count as if set out fully herein. 27 28 51. Plaintiff has a constitutional right not to have her private property taken for
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1 public use without just compensation. 2 52. Shutting off residents’ water and electric renders a residential property 3 uninhabitable as a matter of law and breaches the implied warranty of 4 5 habitability in that property, therefore constituting an illegal taking by the 6 government without just compensation. 7 8 53. Garcetti has not announced any intention to compensate the residents whose 9 water he shuts off. 10 54. Based on the facts incorporated to support this count, Garcetti’s access violate 11 12 the right to be free from government takings without just compensation. 13 COUNT IV 14 EQUAL PROTECTION (Against Defendant Garcetti in his individual and official capacities) 15 55. Plaintiff incorporates paragraphs 1 to 32 and any other facts this Court deems 16 17 relevant into this Count as if set out fully herein. 18 56. Defendant continues to offer unrestricted public access to water and power to 19 those citizens who do not assemble in certain numbers. 20 21 57. Defendant is threatening to refuse access to water and power to those citizens 22 who assemble in certain numbers. 23 58. The right of assembly is a fundamental constitutional right protected under the 24 25 First Amendment. Garcetti’s order discriminates impermissibly against residents 26 exercising their right to assemble. 27 28 59. Offering access to water and power to those who refrain from group assembly
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1 but not to those who do assemble is not rationally related to any governmental 2 interest. To the contrary, it runs illogically counter to such interest. 3 60. Defendant’s order is not procedurally fair nor reasonably related to proper 4 5 legislative goal. 6 61. Based on the facts incorporated to support this claim, Garcetti has violated 7 8 plaintiffs’ right to equal protection under the law. 9 COUNT V 10 DECLARATORY RELIEF (Against Defendant Garcetti in his individual and official capacities) 11 62. Plaintiff incorporates paragraphs 1 to 32 and any other facts this Court deems 12 13 relevant into this Count as if set out fully herein. 14 63. At all times relevant, Plaintiff had a right to be free from violations and 15 deprivations of the constitutional rights secured by law. 16 17 64. Based on the facts incorporated to support this Count, Plaintiff seeks declaratory 18 relief that 1) Defendant’s actions violate substantive due process, 2) Defendant’s 19 actions violate procedural due process, 3) Defendant’s actions constitute an 20 21 illegal taking without just compensation, and 4) Defendant’s actions violate the 22 Equal Protection Clause. 23 65. Based on the facts incorporated to support this Count for declaratory relief, 24 25 Plaintiff’s claims meet all applicable legal criteria for granting such relief. 26
27 28
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1 PRAYER FOR RELIEF 2 WHEREFORE, Plaintiff demands a trial by jury, and that the following relief be 3 granted: 4 5 A. That this Court take jurisdiction of this matter; 6 B. That process be served upon Defendant; 7 C. That this Court enter a declaratory judgment or other equitable relief 8 9 in favor of Plaintiff and against Defendant on all counts above; 10 D. That the Court award Plaintiff reasonable attorney fees and costs of 11 litigation. 12 13 14 Dated: August 14, 2020 Respectfully submitted, 15 Railsback Law PC 16 17 By /s/ Marcy Railsback______18 Marcy Railsback 19 Attorney for Plaintiff Nina Erlandson 20 21 22 23 24 25 26 27 28
16 COMPLAINT Case 2:20-cv-07363-DMG-SKUNITED STATES DISTRICT Document COURT, 1-1 CENTRAL Filed DISTRICT08/14/20 OF CALIFORNIAPage 1 of 3 Page ID #:17 CIVIL COVER SHEET I. (a) PLAINTIFFS ( Check box if you are representing yourself ) DEFENDANTS ( Check box if you are representing yourself )
(b) County of Residence of First Listed Plaintiff County of Residence of First Listed Defendant (EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY) (c) Attorneys (Firm Name, Address and Telephone Number) If you are Attorneys (Firm Name, Address and Telephone Number) If you are representing yourself, provide the same information. representing yourself, provide the same information.
II. BASIS OF JURISDICTION (Place an X in one box only.) III. CITIZENSHIP OF PRINCIPAL PARTIES-For Diversity Cases Only (Place an X in one box for plaintiff and one for defendant) PTF DEF PTF DEF Incorporated or Principal Place 1. U.S. Government 3. Federal Question (U.S. Citizen of This State 1 1 4 4 Plaintiff Government Not a Party) of Business in this State Citizen of Another State 2 2 Incorporated and Principal Place 5 5 of Business in Another State 2. U.S. Government 4. Diversity (Indicate Citizenship Citizen or Subject of a 3 3 Foreign Nation 6 6 Defendant of Parties in Item III) Foreign Country
IV. ORIGIN (Place an X in one box only.) 6. Multidistrict 8. Multidistrict 1. Original 2. Removed from 3. Remanded from 4. Reinstated or 5. Transferred from Another Litigation - Litigation - Proceeding State Court Appellate Court Reopened District (Specify) Transfer Direct File
V. REQUESTED IN COMPLAINT: JURY DEMAND: Yes No (Check "Yes" only if demanded in complaint.) CLASS ACTION under F.R.Cv.P. 23: Yes No MONEY DEMANDED IN COMPLAINT: $ VI. CAUSE OF ACTION (Cite the U.S. Civil Statute under which you are filing and write a brief statement of cause. Do not cite jurisdictional statutes unless diversity.)
VII. NATURE OF SUIT (Place an X in one box only). OTHER STATUTES CONTRACT REAL PROPERTY CONT. IMMIGRATION PRISONER PETITIONS PROPERTY RIGHTS 375 False Claims Act 110 Insurance 240 Torts to Land 462 Naturalization Habeas Corpus: 820 Copyrights Application 245 Tort Product 376 Qui Tam 120 Marine 463 Alien Detainee 830 Patent Liability 510 Motions to Vacate (31 USC 3729(a)) 465 Other 130 Miller Act 290 All Other Real Immigration Actions Sentence 835 Patent - Abbreviated Property New Drug Application 400 State 140 Negotiable TORTS 530 General Reapportionment Instrument TORTS PERSONAL PROPERTY 535 Death Penalty 840 Trademark PERSONAL INJURY 410 Antitrust 150 Recovery of 370 Other Fraud Other: SOCIAL SECURITY 430 Banks and Banking Overpayment & 310 Airplane 861 HIA (1395ff) 371 Truth in Lending 540 Mandamus/Other Enforcement of 315 Airplane 450 Commerce/ICC Judgment 550 Civil Rights 862 Black Lung (923) Rates/Etc. Product Liability 380 Other Personal 151 Medicare Act 320 Assault, Libel & Property Damage 555 Prison Condition 863 DIWC/DIWW (405 (g)) 460 Deportation Slander 470 Racketeer Influ- 152 Recovery of 385 Property Damage 560 Civil Detainee 864 SSID Title XVI 330 Fed. Employers' Product Liability Conditions of enced & Corrupt Org. Defaulted Student Liability Loan (Excl. Vet.) Confinement 865 RSI (405 (g)) 480 Consumer Credit BANKRUPTCY 340 Marine FORFEITURE/PENALTY 490 Cable/Sat TV 153 Recovery of 422 Appeal 28 FEDERAL TAX SUITS 345 Marine Product USC 158 Overpayment of Liability 625 Drug Related 870 Taxes (U.S. Plaintiff or 850 Securities/Com- Vet. Benefits 423 Withdrawal 28 Seizure of Property 21 Defendant) modities/Exchange 350 Motor Vehicle USC 881 160 Stockholders' USC 157 871 IRS-Third Party 26 USC 890 Other Statutory Suits 355 Motor Vehicle CIVIL RIGHTS 690 Other 7609 Actions Product Liability 440 Other Civil Rights LABOR 891 Agricultural Acts 190 Other 360 Other Personal Contract Injury 441 Voting 710 Fair Labor Standards 893 Environmental Act Matters 195 Contract 362 Personal Injury- Product Liability Med Malpratice 442 Employment 720 Labor/Mgmt. 895 Freedom of Info. 365 Personal Injury- 443 Housing/ Relations Act 196 Franchise Accommodations Product Liability 740 Railway Labor Act REAL PROPERTY 896 Arbitration 367 Health Care/ 445 American with Disabilities- 751 Family and Medical 210 Land Pharmaceutical Leave Act 899 Admin. Procedures Condemnation Personal Injury Employment Act/Review of Appeal of Product Liability 446 American with 790 Other Labor Agency Decision 220 Foreclosure Litigation 368 Asbestos Disabilities-Other 230 Rent Lease & 950 Constitutionality of Personal Injury 448 Education 791 Employee Ret. Inc. State Statutes Ejectment Product Liability Security Act
FOR OFFICE USE ONLY: Case Number: CV-71 (05/17) CIVIL COVER SHEET Page 1 of 3 Case 2:20-cv-07363-DMG-SKUNITED STATES DISTRICT Document COURT, 1-1 CENTRAL Filed DISTRICT08/14/20 OF CALIFORNIAPage 2 of 3 Page ID #:18 CIVIL COVER SHEET
VIII. VENUE: Your answers to the questions below will determine the division of the Court to which this case will be initially assigned. This initial assignment is subject to change, in accordance with the Court's General Orders, upon review by the Court of your Complaint or Notice of Removal. QUESTION A: Was this case removed from state court? STATE CASE WAS PENDING IN THE COUNTY OF: INITIAL DIVISION IN CACD IS: Yes No Los Angeles, Ventura, Santa Barbara, or San Luis Obispo Western If "no, " skip to Question B. If "yes," check the box to the right that applies, enter the Orange Southern corresponding division in response to Question E, below, and continue from there. Riverside or San Bernardino Eastern
QUESTION B: Is the United States, or B.1. Do 50% or more of the defendants who reside in YES. Your case will initially be assigned to the Southern Division. one of its agencies or employees, a the district reside in Orange Co.? Enter "Southern" in response to Question E, below, and continue PLAINTIFF in this action? from there. check one of the boxes to the right Yes No NO. Continue to Question B.2.
B.2. Do 50% or more of the defendants who reside in YES. Your case will initially be assigned to the Eastern Division. If "no, " skip to Question C. If "yes," answer the district reside in Riverside and/or San Bernardino Enter "Eastern" in response to Question E, below, and continue Question B.1, at right. Counties? (Consider the two counties together.) from there.
check one of the boxes to the right NO. Your case will initially be assigned to the Western Division. Enter "Western" in response to Question E, below, and continue from there.
QUESTION C: Is the United States, or C.1. Do 50% or more of the plaintiffs who reside in the YES. Your case will initially be assigned to the Southern Division. one of its agencies or employees, a district reside in Orange Co.? Enter "Southern" in response to Question E, below, and continue DEFENDANT in this action? from there. check one of the boxes to the right Yes No NO. Continue to Question C.2.
C.2. Do 50% or more of the plaintiffs who reside in the YES. Your case will initially be assigned to the Eastern Division. If "no, " skip to Question D. If "yes," answer district reside in Riverside and/or San Bernardino Enter "Eastern" in response to Question E, below, and continue Question C.1, at right. Counties? (Consider the two counties together.) from there.
check one of the boxes to the right NO. Your case will initially be assigned to the Western Division. Enter "Western" in response to Question E, below, and continue from there. A. B. C. Riverside or San Los Angeles, Ventura, QUESTION D: Location of plaintiffs and defendants? Orange County Bernardino County Santa Barbara, or San Luis Obispo County Indicate the location(s) in which 50% or more of plaintiffs who reside in this district reside. (Check up to two boxes, or leave blank if none of these choices apply.) Indicate the location(s) in which 50% or more of defendants who reside in this district reside. (Check up to two boxes, or leave blank if none of these choices apply.)
D.1. Is there at least one answer in Column A? D.2. Is there at least one answer in Column B? Yes No Yes No
If "yes," your case will initially be assigned to the If "yes," your case will initially be assigned to the SOUTHERN DIVISION. EASTERN DIVISION. Enter "Southern" in response to Question E, below, and continue from there. Enter "Eastern" in response to Question E, below. If "no," go to question D2 to the right. If "no," your case will be assigned to the WESTERN DIVISION. Enter "Western" in response to Question E, below.
QUESTION E: Initial Division? INITIAL DIVISION IN CACD Enter the initial division determined by Question A, B, C, or D above: QUESTION F: Northern Counties? Do 50% or more of plaintiffs or defendants in this district reside in Ventura, Santa Barbara, or San Luis Obispo counties? Yes No CV-71 (05/17) CIVIL COVER SHEET Page 2 of 3 Case 2:20-cv-07363-DMG-SKUNITED STATES DISTRICT Document COURT, 1-1 CENTRAL Filed DISTRICT08/14/20 OF CALIFORNIAPage 3 of 3 Page ID #:19 CIVIL COVER SHEET
IX(a). IDENTICAL CASES: Has this action been previously filed in this court? NO YES
If yes, list case number(s):
IX(b). RELATED CASES: Is this case related (as defined below) to any civil or criminal case(s) previously filed in this court? NO YES If yes, list case number(s):
Civil cases are related when they (check all that apply):
A. Arise from the same or a closely related transaction, happening, or event; B. Call for determination of the same or substantially related or similar questions of law and fact; or C. For other reasons would entail substantial duplication of labor if heard by different judges.
Note: That cases may involve the same patent, trademark, or copyright is not, in itself, sufficient to deem cases related.
A civil forfeiture case and a criminal case are related when they (check all that apply):
A. Arise from the same or a closely related transaction, happening, or event;
B. Call for determination of the same or substantially related or similar questions of law and fact; or C. Involve one or more defendants from the criminal case in common and would entail substantial duplication of labor if heard by different judges.
X. SIGNATURE OF ATTORNEY (OR SELF-REPRESENTED LITIGANT): DATE:
Notice to Counsel/Parties: The submission of this Civil Cover Sheet is required by Local Rule 3-1. This Form CV-71 and the information contained herein neither replaces nor supplements the filing and service of pleadings or other papers as required by law, except as provided by local rules of court. For more detailed instructions, see separate instruction sheet (CV-071A).
Key to Statistical codes relating to Social Security Cases:
Nature of Suit Code Abbreviation Substantive Statement of Cause of Action All claims for health insurance benefits (Medicare) under Title 18, Part A, of the Social Security Act, as amended. Also, 861 HIA include claims by hospitals, skilled nursing facilities, etc., for certification as providers of services under the program. (42 U.S.C. 1935FF(b))
862 BL All claims for "Black Lung" benefits under Title 4, Part B, of the Federal Coal Mine Health and Safety Act of 1969. (30 U.S.C. 923)
863 DIWC All claims filed by insured workers for disability insurance benefits under Title 2 of the Social Security Act, as amended; plus all claims filed for child's insurance benefits based on disability. (42 U.S.C. 405 (g))
863 DIWW All claims filed for widows or widowers insurance benefits based on disability under Title 2 of the Social Security Act, as amended. (42 U.S.C. 405 (g))
864 SSID All claims for supplemental security income payments based upon disability filed under Title 16 of the Social Security Act, as amended.
865 RSI All claims for retirement (old age) and survivors benefits under Title 2 of the Social Security Act, as amended. (42 U.S.C. 405 (g))
CV-71 (05/17) CIVIL COVER SHEET Page 3 of 3 Case 2:20-cv-07363-DMG-SK Document 1-2 Filed 08/14/20 Page 1 of 2 Page ID #:20
AO 440 (Rev. 06/12) Summons in a Civil Action UNITED STATES DISTRICT COURT for the ______District of ______
) ) ) ) Plaintiff(s) ) ) v. Civil Action No. ) ) ) ) ) Defendant(s) )
SUMMONS IN A CIVIL ACTION
To: (Defendant’s name and address)
A lawsuit has been filed against you.
Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ. P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney, whose name and address are:
If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court.
CLERK OF COURT
Date: Signature of Clerk or Deputy Clerk Case 2:20-cv-07363-DMG-SK Document 1-2 Filed 08/14/20 Page 2 of 2 Page ID #:21
AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2) Civil Action No.
PROOF OF SERVICE (This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))
This summons for (name of individual and title, if any) was received by me on (date) .
’ I personally served the summons on the individual at (place) on (date) ; or
’ I left the summons at the individual’s residence or usual place of abode with (name) , a person of suitable age and discretion who resides there, on (date) , and mailed a copy to the individual’s last known address; or
’ I served the summons on (name of individual) , who is designated by law to accept service of process on behalf of (name of organization) on (date) ; or
’ I returned the summons unexecuted because ; or
’ Other (specify): .
My fees are $ for travel and $ for services, for a total of $ .
I declare under penalty of perjury that this information is true.
Date: Server’s signature
Printed name and title
Server’s address
Additional information regarding attempted service, etc: