U.S. Court of Appeals for the Ninth Circuit, 2013

Gutierrez v. County of Los Angeles

Gutierrez v. County of Los Angeles
U.S. Court of Appeals for the Ninth Circuit · Decided November 22, 2013 · McKeown, Gould, Bybee
545 F. App'x 701

Gutierrez v. County of Los Angeles

Opinion

MEMORANDUM **

Plaintiffs Frank and Carlos Gutierrez, owners of Lupita’s Family Restaurant in Carson, California, appeal from the district court’s order denying partial summary judgment for Plaintiffs, and granting summary judgment in favor of officers in the Los Angeles County Sheriffs Department (“County”), officials of California’s Department of Alcoholic Beverage Control (“ABC”), and the alleged owners of a competing restaurant, Jose Jara and Arturo Melano Cortez, in Plaintiffs’ 42 U.S.C. § 1983 action. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Plaintiffs claim that County officers and ABC officials violated Section 1983 by: (1) wrongfully arresting and prosecuting Plaintiffs in retaliation for Plaintiffs’ initiation of ABC proceedings against a competing restaurant, which Plaintiffs claim violated their First Amendment rights to free speech and petition; (2) not investigating Plaintiffs’ allegations of ABC violations against the competing restaurant’s alleged owners because of an alleged “cozy relationship” between the County, ABC, and the competing restaurant’s ownership, which Plaintiffs claim violated due process under the Fifth and Fourteenth Amendments; and (3) maliciously prosecuting Plaintiffs without probable cause, which Plaintiffs claim violated due process under the Fifth and Fourteenth Amendments. Plaintiffs further allege claims against Cortez ánd Jara, including aiding and abetting violations of 42 U.S.C. § 1983, malicious prosecution under state law, and negligence.

The district court permitted amendment of Plaintiffs’ claims several times before *703 finally dismissing them with prejudice on summary judgment. The district court concluded, in granting summary judgment in favor of Defendants, that all of Plaintiffs’ claims suffered from a lack of proof. We affirm substantially for the reasons stated by the district court. A plaintiff may not prevail at summary judgment merely on allegations without specific evidence contradicting that of the defendants, and it is the burden of the plaintiff to show the validity of claims supported by evidence once defendants make a properly supported motion for summary judgment. See Angle v. Miller, 673 F.3d 1122, 1134 n. 6 (9th Cir. 2012); see also Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 250, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986) (citing Fed.R.Civ.P. 56(e)). 1

AFFIRMED.

**

This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.

1

. We grant Defendants’ motions to strike and deny Plaintiffs’ request for judicial notice.

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