Edwards v. County of San Diego
Edwards v. County of San Diego
Opinion of the Court
MEMORANDUM
Plaintiff-Appellant Tamye Edwards appeals the district court’s grant of summary judgment and the dismissal of her suit with prejudice. As Edwards’s counsel conceded at oral argument, only one of the myriad of claims raised in her brief has merit: whether the First Amended Complaint sufficiently raised a claim under the California Constitution.
Federal Rule of Civil Procedure 8(a) states that a complaint only requires a “short and plain statement of the claim showing that the pleader is entitled to relief.” This court has repeatedly held that “ ‘[a] party need not plead specific legal theories in the complaint, so long as the other side receives notice as to what is at issue in the case.’ ” Sagana v. Tenorio, 384 F.3d 731, 736-37 (9th Cir. 2004) (quoting Am. Timber & Trading Co. v. First Nat’l Bank, 690 F.2d 781, 786 (9th Cir. 1982)). “[The] simplified notice pleading standard relies on liberal discovery rules and summary judgment motions to define disputed facts and issues and to dispose of unmeritorious claims.” Swierkiewicz v. Sorema N.A., 534 U.S. 506, 512, 122 S.Ct. 992, 152 L.Ed.2d 1 (2002). Furthermore, civil rights complaints are liberally construed. Holley v. Crank, 386 F.3d 1248, 1256 (9th Cir. 2004).
The First Amended Complaint references the California Constitution in the second cause of action where it states that the defendants acted in “violation of 42 U.S.C. § 1983 and Plaintiffs [ ] rights under the California Constitution as well as under the U.S. Constitution.” It appears that the district court and the defendant interpreted this solely as an allegation of a violation of § 1983, and therefore neither
We therefore affirm the district court’s judgment in all respects other than the claim under the California Constitution. In doing so we note that with summary judgment having been granted on the federal claim, the district court on remand should exercise its discretion under 28 U.S.C. § 1367(c) to decide whether to decline supplemental jurisdiction over the sole remaining state claim. See, e.g., Acri v. Varian Assocs., Inc., 114 F.3d 999 (9th Cir. 1997) (en banc). Each party shall bear its own costs on appeal.
AFFIRMED IN PART; REVERSED AND REMANDED IN PART.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.