1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 PATRICIA A. KRAGE, Case No. 2:19-cv-06069-JWH-SHK 12 Plaintiff, ORDER ACCEPTING REPORT AND RECOMMENDATION OF 13 v. UNITED STATES MAGISTRATE JUDGE TO: 14 CITY OF LAKEWOOD, et al., 1. GRANT DEFENDANTS’ 15 Defendants. REQUESTS FOR JUDICIAL NOTICE, AND 16 2. GRANT IN PART AND DENY 17 IN PART DEFENDANTS’ MOTIONS TO DISMISS AND 18 FOR JUDGMENT ON THE PLEADINGS 19

20

21 22 23 24 25 26 27 1 Pursuant to

, the Court has reviewed the Complaint, the 2 relevant records on file, and the Report and Recommendation (“R&R”) of the 3 United States Magistrate Judge. The Court has engaged in de novo review of those 4 portions of the Report to which Plaintiff Patricia A. Krage (“Plaintiff”) has objected. 5 Court accepts the findings and recommendation of the Magistrate Judge. 6 It is therefore ORDERED that: 7 1. Defendants’ Requests for Judicial Notice [Electronic Case Filing 8 Numbers (“ECF Nos.”) 15, 28] is GRANTED and, therefore, the Court takes 9 judicial notice of City of Lakewood Municipal Code (“Municipal Code”) §§ 4320 et 10 seq., Municipal Codes §§ 4330 et seq., Municipal Codes §§ 4900 et seq. and the 11 First Amended Complaint in People of the State of California v. Patricia A. Krage 12 and James A. Krage, Los Angeles Superior Court Case No. 8BL05411, for the fact 13 that the state court filings were filed, but not for the truth of their content; 14 2. Defendants’ Motion to Dismiss [ECF No. 13] and Motion for 15 Judgment on the Pleadings [ECF No. 27] are GRANTED in part and DENIED in 16 part. Specifically, 17 a. Plaintiff’s claims under

and 242 and the State 18 Bar Act and California Rules of Professional Conduct are DISMISSED with 19 prejudice; and 20 b. Plaintiff’s

(“§ 1983”) claims against 21 Defendants are DISMISSED without prejudice and with leave to amend in 22 accordance with the instructions provided below; and 23 c. Defendants’ motions based on prosecutorial and qualified 24 immunity are DENIED, without prejudice; 25 3. The Court declines to exercise supplemental jurisdiction over 26 Plaintiff’s state law claim under

, also known as the Thomas 27 Bane Civil Rights Act, and DISMISSES this claim without prejudice. 1 The Court also finds that Defendant City of Lakewood (“City”) possesses the 2 authority to pass ordinances and to regulate private nuisances within its jurisdiction 3 that do not “conflict with the Constitution and laws of the State or the United 4 States.” Cal. Gov’t Code § 37100; Cal. Const. art. XI § 7. Accordingly, absent a 5 conflict with the U.S. or California constitution, the City had the authority to 6 investigate, cite, and prosecute Plaintiff for alleged nuisances on her property and 7 for failing to remedy the alleged Lakewood Municipal Code (“LMC”) violations. 8 It is further ORDERED that, if Plaintiff would like to continue to prosecute 9 this action, Plaintiff file a First Amended Complaint (“FAC”) within twenty-one 10 (21) days of the service date of this Order. 11 On the first page, Plaintiff should clearly designate on the face of the 12 document that it is the “First Amended Complaint,” include the docket number 13 assigned to this case, and write the amended pleading on this Court’s CV-066 14 form, which the Clerk of Court is DIRECTED to mail to Plaintiff along with this 15 Order. 16 In the body of the FAC, Plaintiff must include all claims that Plaintiff 17 would like to pursue, even if Plaintiff previously stated them in the original 18 Complaint. If Plaintiff does not raise a claim in the FAC, the Court will consider 19 it waived. Plaintiff cannot refer to the original Complaint or any other pleading, 20 attachment, or document to state a claim in the FAC. Plaintiff cannot include in 21 the body of the FAC any new defendants or new allegations that are not reasonably 22 related to the claims asserted in the original Complaint. 23 For the claims that the Court dismissed without prejudice, Plaintiff must fix 24 the deficiencies consistent with the Court’s R&R and Order in the FAC if Plaintiff 25 wishes to continue litigating those claims. Plaintiff should note that if Plaintiff 26 files a FAC restating deficient claims without fixing them, the Court may not allow 27 Plaintiff another opportunity to file an amended complaint and instead may dismiss 1 | still re-plead that claim in the FAC in its entirety if Plaintiff seeks to continue 2 | litigating the claim. Plaintiff shall not reassert any claims in the FAC that the 3 | Court dismissed with prejudice. 4 Plaintiff is cautioned that if Plaintiff does not timely file a FAC, this 5 | action will be dismissed with or without prejudice for failure to state a claim, 6 | failure to prosecute, and/or failure to obey Court orders under Rule 41(b) of 7 | the Federal Rules of Civil Procedure. Dismissal “with prejudice” means that 8 | Plaintiff will not be able to bring this action in federal court again, while “without 9 | prejudice” means Plaintiff can re-file this action in this Court. If Plaintiff believes 10 | more time is necessary to file a FAC, Plaintiff may request an extension of time 11 | from the Court before the 21-day period mentioned above expires. However, the 12 | Court will only grant an extension if Plaintiff demonstrates good cause for needing 13 | more time. 14 Finally, Plaintiff may voluntarily dismiss the action without prejudice, 15 | pursuant to Rule 41(a). The Clerk of Court is DIRECTED to mail Plaintiff a 16 | blank Notice of Dismissal Form. 17 IT IS SO ORDERED. 18 | GW 19 | Dated: October 19, 2021 —W,- 20 HONORABLE JOHN W. HOLCOMB United States District Judge 22 23 24 25 26 27 28

FULL NAME COMMITTEDNAME(ifdifferent) FULL ADDRESS INCLUDING NAME OF INSTITUTION, O—~C~SOSOSOSS

PRISON NUMBER (ifapplicabley = □□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CASE NUMBER To be supplied by the Clerk PLAINTIFF, v. CIVIL RIGHTS COMPLAINT PURSUANT TO (Check one) L]

DEFENDANT(S). | > Bivens v. Six Unknown Agents

(1971) PREVIOUS LAWSUITS 1. Have you brought any other lawsuits in a federal court while a prisoner: Yes LI No 2. your answer to “1.” is yes, how many? Describe the lawsuit in the space below. (If there is more than one lawsuit, describe the additional lawsuits on an attached piece of paper using the same outline.)

a. Parties to this previous lawsuit: Plaintiff

Defendants

b. Court

c. Docket or case number d. Name of judge to whom case was assigned e. Disposition (For example: Was the case dismissed? If so, what was the basis for dismissal? Was it appealed? Is it still pending?) f. Issues raised:

g. Approximate date of filing lawsuit: h. Approximate date of disposition

B. EXHAUSTION OF ADMINISTRATIVE REMEDIES 1. Is there a grievance procedure available at the institution where the events relating to your current complaint occurred? L) Yes LINo 2. Have you filed a grievance concerning the facts relating to your current complaint? LI Yes LI No If your answer is no, explain why not

3. grievance procedure completed? Yes LI No If your answer is no, explain why not

4. Please attach copies of papers related to the grievance procedure. C. JURISDICTION This complaint alleges that the civil rights of plaintiff (print plaintiff's name) who presently resides at (mai ng address Or place of confinement) were violated by the actions of the defendant(s) named below, which actions were directed against plaintiff at (institution/city where violation occurred)

on (date or dates) , (Clam 1) (Clam ID (Claim IID NOTE: — You need not name more than one defendant or allege more than one claim. If you are naming more than five (5) defendants, make a copy of this page to provide the information for additional defendants. 1. Defendant resides or works at (full name of first defendant) (full address of first defendant) (defendant's position and title, 1f any) The defendant is sued in his/her (Check one or both): LJ individual 1 official capacity. Explain how this defendant was acting under color of law:

2. Defendant resides or works at (full name of first defendant) (full address of first defendant) (defendant's position and title, if any) The defendant is sued in his/her (Check one or both): LJ individual 1 official capacity. Explain how this defendant was acting under color of law:

3. Defendant resides or works at (full name of first defendant) (full address of first defendant) (defendant's position and title, if any) The defendant is sued in his/her (Check one or both): LJ individual 1 official capacity. Explain how this defendant was acting under color of law:

4. Defendant resides or works at (full name of first defendant) (fulladdress of firstdefendant) □□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□ = The defendant is sued in his/her (Check one or both): LJ individual 1 official capacity. Explain how this defendant was acting under color of law:

5. Defendant resides or works at (full name of first defendant) (fulladdress of firstdefendant) (defendant's position andfitle,ifany) = The defendant is sued in his/her (Check one or both): LJ individual 1 official capacity. Explain how this defendant was acting under color of law:

D. CLAIMS* CLAIM I The following civil right has been violated:

Supporting Facts: Include all facts you consider important. State the facts clearly, in your own words, and without citing legal authority or argument. Be certain you describe, in separately numbered paragraphs, exactly what each DEFENDANT (by name) did to violate your right.

there is more than one claim, describe the additional claim(s) on another attached piece of paper using the same outline.

E. REQUEST FOR RELIEF I believe that I am entitled to the following specific relief:

(Date) (Signature of Plaintiff)

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CASE NUMBER

Plaintiff(s), Vv. NOTICE OF DISMISSAL PURSUANT TO FEDERAL RULES OF CIVIL Defendant(s). PROCEDURE 41(a) or (c)

PLEASE TAKE NOTICE: (Check one) L] This action is dismissed by the Plaintiff(s) in its entirety. L] The Counterclaim brought by Claimant(s) is dismissed by Claimant(s) in its entirety. L] The Cross-Claim brought by Claimants(s) is dismissed by the Claimant(s) in its entirety. L] The Third-party Claim brought by Claimant(s) is dismissed by the Claimant(s) in its entirety. ONLY Defendant(s) is/are dismissed from (check one) Complaint, LJ Counterclaim, LJ Cross-claim, ) Third-Party Claim brought by . The dismissal is made pursuant to F.R.Civ.P. 41(a) or (c).

Date Signature of Attorney/Party

F.R.Civ.P. 41(a): This notice may be filed at any time before service by the adverse party of an answer or of a motion for summary judgment, whichever first occurs. F.R.Civ.P. 41(c): Counterclaims, cross-claims & third-party claims may be dismissed before service of a responsive pleading or prior to the beginning of trial.