Case 2:10-cv-08011-GW-PLA Document 1 Filed 10/25/10 Page 1 of 15 Page ID #:4

1 Dan Stormer (S.B. #101967)

Virginia Keeny (S.B. #1395682
2 HADSELL STORMER KEENY FILED
RICHARDSON & RENICK, LLP ClERl<, U.S. DISTRICT COURT
3 128 North Fair Oaks Avenue, Ste. 204
Pasadena, CA 91103-3645
4 Tel: (626) 585-9600 OCT 2 5 2010
Fax: (626) 577-7079
5 CENTRA\. DISTRICT OF CALIFORNIA
Attorneys for Plaintiff BY DEPUTV
6 Michael Holguin

7
8
9 UNITED STATES DISTRICT COURT
10 CENTRAL DISTRICT OF CALIFORNIA
11
12
13
MICHAEL HOLGUIN, CaseN<{;V 1 0-8 0 1 ~l.IW)
Plaintiff, COMPLAINT FOR DAMAGES
14
vs. 1. VIOLATIONS OF CIVIL RIGHTS
15 - 42 U.S.C. § 1983 -Excessive
COUNTY OF LOS ANGELES, LOS Force
16 ANGELES COUNTY SHERIFF'S
DEPARTMENT, SHERIFF LEE BACA, 2. Cal. Civ Code§ 52.1
17 DEPUTY RICO, DEPUTY FERNANDO
LUVIANO, DEPUTY LASCANO, 3. Battery
18 AND DOES 1-~,
4. Intentional Infliction of Emotional
19 Defendants. Distress
20 5. Negligence
21
DEMAND FOR JURY TRIAL
22
23
24
25
26
27
28

COMPLAINT FOR DAMAGES

 Case 2:10-cv-08011-GW-PLA Document 1 Filed 10/25/10 Page 2 of 15 Page ID #:5

1 JURISDICTION AND VENUE

2 1. This is a police misconduct action filed pursuant to 42 U.S.C. § 1983. The
3 Court has jurisdiction under 28 U.S.C. § 1331 (federal question) and 28 U.S.C. §
4 1343(3) (civil rights). Venue lies in the Central District of California, the judicial district
5 in which the claim arose, pursuant to 28 U.S.C. § 1391(b). Plaintiffs state law claims for
6 relief are within the supplemental jurisdiction of the Court, as authorized by 28 U.S. C. §
7 1367.
8 PARTIES
9 2. Plaintiff Michael Holguin is a competent adult, residing in the County of
10 Los Angeles. He is not currently in the custody of any correctional facility.
11 3. Defendant County of Los Angeles was and is a legal political entity
12 established under the laws of the State of California, with all the powers specified and
13 necessarily implied by the Constitution and the laws of the State of California and
14 exercised by a duly elected Board of Supervisors and/or their agents and officers.
15 4. Defendant Los Angeles County Sheriffs Department is a public agency
16 subject to suit herein.
17 5. Defendant Lee Baca is the Sheriff of Los Angeles County.
18 6. Defendant Deputy Rico is an employee of the Los Angeles County Sheriffs
19 Department.
20 · 7. Defendant Deputy Fernando Luviano is an employee of the Los Angeles
21 County Sheriffs Department.
22 8. Defendant Deputy Lascano is an employee of the Los Angeles County
23 Sheriffs Department.
24 9. The true names of Defendant Does 1 through 20, inclusive, are presently
25 unknown to Plaintiff, who therefore sues each of these Defendants by such fictitious
26 names. Upon ascertaining the true identity of Doe Defendants, Plaintiff will amend this
27 complaint, or seek leave to do so, by inserting the true name in lieu of the fictitious
28 name. Plaintiff is informed and believes, and on the basis of such information and belief

1 COMPLAINT FOR DAMAGES

 Case 2:10-cv-08011-GW-PLA Document 1 Filed 10/25/10 Page 3 of 15 Page ID #:6

1 alleges, that each Doe Defendant is in some manner responsible for the injuries and
2 damages herein alleged.
3 10. Plaintiff exhausted his administrative remedies before filing suit by filing
4 the appropriate claim pursuant to California Government Code§ 910. He also exhausted
·5 any existing grievance procedure available at the Men's Central Jail within the time
6 period provided by jail rules and procedures.
7 FACTUAL ALLEGATIONS
8 A. General Allegations re Policy and Practice
9 11. Plaintiff is informed and believes, and on the basis of such information and
10 belief alleges, that defendants County ofLos Angeles, Los Angeles County Sheriffs
11 Department, and Sheriff Lee Baca, with deliberate indifference, gross negligence, and
12 reckless disregard for the safety, security, and constitutional and statutory rights of
13 plaintiff and all persons similarly situated, maintained, enforced; tolerated, permitted,
14 acquiesced in, and applied policies, practices, or customs of, among other things:
15 a. . Subjecting persons to violations of their rights to be free from
16 excessive force and denial of due process;
17 b. Selecting, retaining, and assigning officers with demonstrable
18 propensities for excessive force, violence, dishonesty, and other misconduct;
19 c. Failing to adequately train, supervise, and control officers in the
20 practice of law enforcement;
21 d. Failing to adequately discipline officers involved in misconduct;
22 e. Permitting officers to have extended contact with inmates in areas of
23 the jail which are not monitored with video surveillance or visible
24 from areas staffed by supervisory personnel, thereby creating zones
25 where officers believe they have free rein to engage in excessive
26 force against inmates;
27 f. Allowing seriously overcrowded conditions in the Men's Central Jail
28 which causes officers to engage in excessive force so as to control the

2 COMPLAINT FOR DAMAGES

 Case 2:10-cv-08011-GW-PLA Document 1 Filed 10/25/10 Page 4 of 15 Page ID #:7

1 inmate population;
2 and
3 g. Condoning and encouraging officers in the belief that they can violate
4 the rights of persons such as plaintiffwith impunity, and that such conduct will not
5 adversely affect their opportunities for promotion and other employment benefits.
6 12. Plaintiff is informed and believes and thereupon alleges that the official
7 policymakers for the County of Los Angeles and the Los Angeles County Sheriffs
8 Department knew or reasonably should have known that their deputies have used
9 excessive force on, and violated the due process rights of various individuals, and that
10. they have been deliberately indifferent in the training and supervision of their police
11 officers. Despite this knowledge, defendants failed to take any steps to remedy these
12 violations of constitutional and statutory authority, as well as of the Los Angeles County
13 Sheriffs Department's own written policies, through adequate hiring, training,
14 supervision and/or monitoring. In so doing, defendants exhibited deliberate indifference
15 to plaintiffs constitutional rights.
16 13. Plaintiff is informed and believes, and on the basis of such information and
17 belief alleges, that defendants County of Los Angeles and the Los Angeles County
18 Sheriffs Department ordered, authorized, acquiesced in, tolerated, or permitted other
19 defendants herein to engage in the unlawful and unconstitutional actions, policies,
20 practices, and customs set forth in the preceding paragraphs. Defendants' conduct as
21 alleged herein constitutes a pattern of constitutional violations based either on a
22 deliberate plan by defendants or on defendants' deliberate indifference, gross negligence,
23 or reckless disregard for plaintiffs safety, security, and constitutional and statutory
24 rights.
25 B. The Incident
26 14. Plaintiff Michael Holguin was detained in the Los Angeles County Jail,
27 Men's Central Jail, commencing on or about October 6, 2009. During his first three
28 weeks in the jail, he was housed in a one-man cell in unit 3500. As with other inmates in

3 COMPLAINT FOR DAMAGES

 Case 2:10-cv-08011-GW-PLA Document 1 Filed 10/25/10 Page 5 of 15 Page ID #:8

1 3500 during that period, he was not given a shower for approximately two weeks. On
2 October 18, 2009, he was finally let out of his cell for a shower. After being moved
3 towards the shower area, Mr. Holguin was told he would not be allowed to take a
4 shower. When he asked why he could not shower, ·one of the deputies, who plaintiff
5 believes to be named Deputy Luviano or Deputy Lascano, stated that he would not be
6 · getting a shower. The same guard stated, "turn around and I'll tell you why." Mr.
7 Holguin obeyed by turning around whereupon he was handcuffed by Deputy
8 Luviano/Lascano behind his back. This same deputy then moved Mr. Holguin to a
9 nearby area where he shoved him face first into the bars.
10 15. After slamming Holguin into the bars, Deputy Luviano/Lascano began to
11 beat him on his rib cage. Deputy Luviano/Lascano then struck Mr. Holguin in the head
12 with a hard object and Mr. Holguin fell to the floor. Deputy Luviano/Lascano continued
13 to hit him with the hard object after he had fallen to the floor. Mr. Holguin curled up to
14 protect himself from the blows, but Luviano/Lacsano continued to hit or kick him. He
15 was struck repeatedly on his legs, ankle and his head. Deputy Lliviano/Lacsano kept
16 stating, "stop reisisting," though Mr. Holguin was not resisting and was already
17 handcuffed behind his back.
18 16. Another deputy, who plaintiff believes was named Deputy Rico, joined in
19 the beating at this time. Deputy Luviano/Lascano leaned over him and sprayed pepper
20 spray in his face and then proceeded to take his thumb and rub the pepper spray into his
21 eyes to make sure he felt effect of the caustic spray. Deputy Rico began to pull at Mr.
22 Holguin and to drag him around the floor. Although Mr. Holguin could no longer see as
23 a result of the pepper spray and searing pain in his eyes, he continued to receive blows to
24 his body and legs. At some point during the unprovoked beating, other deputies arrived.
25 None of those deputies said anything to enquire what had happened or to restrain Rico or
26 Luviano/Lacsano from continuing to hit Mr. Holguin and roughly shove him about the
27 floor.
28 17. During this unprovoked attack, Deputies Luviano/Lascano and Rico used

4 COMPLAINT FOR DAMAGES

 Case 2:10-cv-08011-GW-PLA Document 1 Filed 10/25/10 Page 6 of 15 Page ID #:9

1 excessive and unreasonable force against Mr. Holguin, including hitting him with a
2 flashlight, kicking and beating him in the ribs, head, torso, and legs. At no point during
3 this assault did Mr. Holguin resist. He was handcuffed at all times and posed no threat to
4 any of the deputies.
5 18. As a result of this beating, Mr. Holguin suffered severe injuries, including
6 but not limited to several deep wounds and lacerations on his head, his right ankle was
7 broken in two places, and his left knee was opened to the bone, among other injuries.
8 These injuries were sufficiently severe to require extended hospital care, staples and
9 stitches for the several wounds to his head and eyes, and orthoscopic surgery for his left
10 knee. He was also required to wear a cast for the two breaks to his ankle for an extended
11 period of time.
12 19. Sometime later in the day on October 18, 2009, Mr. Holguin was taken to
13 the medical ward in the jail and then to the infirmary at the Twin Towers facility where
14 he received preliminary treatment. He received eight suture staples in the center of his
15 head, and four stitches to the right eyebrow. When it was revealed that he had a broken
16 tibia, he was transferred to LA County - USC Medical Center. Deputy Rico
17 accompanied him in the ambulance which transferred him to LA-USC Medical Center.
18 During that trip, Deputy Rico threatened Mr. Holguin, taunting him on several occasions,
19 "Bet you won't ask 'why' anymore, will you?" Over the following days, he was fitted
20 with a cast and required to undergo orthoscopic surgery for the injuries to his left knee.
21 20. After receiving medical care at the hospital, Mr. Holguin was returned to the
22 MCJ, and placed on a 29 day loss of privileges, further punishing him and isolating him.
23 During this period of time, he was confined to a cell which had no grab bars or other
24 assistive equipment and routinely was denied the use of crutches or a wheelchair.
25 Because his leg was in a cast, he either had to drag himself around his cell or place
26 weight on his cast, causing him pain. When he was required to leave his cell for a
27 shower or other inmate movement, on most occasions he was not given any assistive
28 devices, causing him considerable pain and discomfort. His requests for a crutch or cane

5 COMPLAINT FOR DAMAGES

 Case 2:10-cv-08011-GW-PLA Document 1 Filed 10/25/10 Page 7 of 15 Page ID #:10

1 to assist him as he moved around his cell and in the hallways were ignored by all but one
2 of the guards. These additional injuries were a foreseeable consequence of the severe
3 beating he was administered by the guards.
4 DAMAGES
5 21. By reason of the aforementioned acts of defendants, plaintiff was injured in
6 his health, strength and activity and has sustained and in the future will continue to
7 sustain great mental pain and shock to his nervous system, as well as anxiety, anguish,
8 humiliation, and emotional distress, all to his damage in an amount according to proof.
9 22. By reason of the aforementioned acts of defendants, and each of them,
10 plaintiff was or will be required to receive medical care and treatment, and by reason
11 thereof, will incur expenses related thereto in an amount to be proven at trial.
12 23. By reason of the aforementioned acts of defendants, and each of them,
13 plaintiff did or will lose future income, wages and other financial benefits in an amount
14 to be proven at trial.
15 24. Defendants' acts were done and committed by each defendant knowingly,
16 deliberately, and maliciously, with the intent to oppress, injure, and harass plaintiff, and
17 with reckless indifference to the civil rights, personal security and safety of plaintiff, and
18 by reason thereof, plaintiff prays for punitive and exemplary damages from and against
19 the individual defendants, and each of them, in an amount to be proven at trial.
20 FIRST CLAIM FOR RELIEF- Excessive Force
21 (Fourth Amendment, 42 U.S.C. § 1983)
22 (Plaintiffv. All Defendants)
23 25. The conduct complained of herein was undertaken pursuant to the policies,
24 practices and customs of the Los Angeles County Sheriffs Department, an agency of the
25 County of Los Angeles, and was sanctioned and approved by each of the individual
26 named defendants, including the Doe defendants.
27 26. Defendants, acting under color of state law and through their policies,
28 practices and customs, deprived plaintiff of rights, privileges, and immunities secured by

6 COMPLAINT FOR DAMAGES

 Case 2:10-cv-08011-GW-PLA Document 1 Filed 10/25/10 Page 8 of 15 Page ID #:11

1 th~ Constitution and laws of the United States under the Fourth Amendment, by
2 subjecting him, or through their deliberate indifference allowing others to subject him, to
3 excessive force.
4 27. As a direct and proximate cause of the aforementioned acts of defendants,
5 plaintiff was injured as set forth above.
6 28. Plaintiff's injuries entitle him to compensato ry and punitive damages
7 according to proof as to the individual defendants and compensatory damages alone as to
8 the County defendants.
9 SECOND CLAIM FOR RELIEF
10 (Cal. Civ. Code§ 52.1)
11 (Plaintiff v. All Defendants )
12 29. The United States Constitution, Amendmen t IV, and the California
13 Constitution, Article I, guarantee the right of persons to be free from excessive force.
14 Defendants, by engaging in the wrongful conduct alleged herein, denied this right to
15 plaintiff, thus giving rise to a claim for damages pursuant to California Civil Code §
16 52.1.
17 30. As a direct and proximate cause of the aforementio ned acts of defendants,
18 plaintiff was injured as set forth above and is entitled to statutory damages under
19 California Civil Code § 52, compensatory and punitive damages according to proof as to
20 the individual defendants and compensatory damages alone as to the County defendants.
21 THIRD CLAIM FOR RELIEF
22 (Battery)
. 23 (Plaintiffv . All Defendants )
24 31. Defendants battered plaintiff, causing his injuries as hereinabove alleged
25 and entitling him to compensato ry and punitive damages according to proof as to the
26 individual.defendants and compensato ry damages alone as to the County defendants.
27 32. As a direct and proximate cause of the aforementio ned acts of defendants,
28 plaintiff was injured as set forth above.

7 COMPLAINT FOR DAMAGES

 Case 2:10-cv-08011-GW-PLA Document 1 Filed 10/25/10 Page 9 of 15 Page ID #:12

1 FOURTH CLAIM FOR RELIEF

2 (Intentional Infliction of Emotional Distress)
3 (Plaintiffv. All Defendants)
4 33. Defendants' conduct was extreme and outrageous, and caused plaintiff to
5 sustain severe emotional distress, all to plaintiffs damage as hereinabove alleged.
6 34. As a direct and proximate cause of the aforementioned acts of defendants,
7 plaintiff was injured as set forth above.
8 35. Plaintiffs injuries entitle him to compensatory and punitive damages
9 according to proof as to the individual defendants and compensatory damages alone as to
10 the County defendants.
11 FIFTH CLAIM FOR RELIEF
12 (Negligence)
13 (Plaintiffv. All Defendants)
14 36. The individual defendants did not exercise ordinary care to ensure that
15 plaintiff would not suffer excessive force while in their custody, thus negligently
16 breaching a duty owed to him and proximately causing his injuries as hereinabove
17 alleged.
18 37. Defendants County of Los Angeles and Los Angeles County Sheriffs
19 Department negligently hired and supervised the individual defendants. As a proximate
20 result thereof, plaintiff has been damaged as hereinabove alleged, and is entitled to
21 compensatory and punitive damages according to proof as to the individual defendants
22 and compensatory damages alone as to the County defendants.
23 PRAYER FOR RELIEF
24 WHEREFORE, plaintiff seeks judgment as follows:
25 1. Compensatory general and special damages in an amount in accordance
26 with proof;
27 2. Punitive damages against each of the individual defendants in an amount
28 sufficient to punish and to make an example of said defendants, and to deter others from

8 COMPLAINT FOR DAMAGES

 Case 2:10-cv-08011-GW-PLA Document 1 Filed 10/25/10 Page 10 of 15 Page ID #:13

1 engaging in similar conduct;

2 3. Reasonab le attorney's fees, expenses, and costs; and
3 4. Such other and further relief as the Court deems proper.
4 DEMAND FOR JURY TRIAL
5 Plaintiff hereby demands a jury trial on all issues so triable.
6
7
8 DATED: October 25, 2010
9 Respectfu lly submitted ,
10 HADSEL L STORME R KEENY
11 RICHAR DSON & RENICK , LLP
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

9 COMPLAIN T FOR DAMAGES

Case 2:10-cv-08011-GW-PLA Document 1 Filed 10/25/10 Page 11 of 15 Page ID #:14

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

NOTICE OF ASSIGNMENT TO UNITED STATES MAGISTRATE JUDGE FOR DISCOVERY

This case has been assigned to District Judge George H. Wu and the assigned discovery
Magistrate Judge is Paul Abrams.

The case number on all documents filed with the Court should read as follows:
CV10- 8011 GW {PLAx)

Pursuant to General Order 05-07 of the United States District Court for the Central
District of California, the Magistrate Judge has been designated to hear discovery related
motions.

All discovery related motions should be noticed on the calendar of the Magistrate Judge

NOTICE TO COUNSEL

A copy of this notice must be served with the summons and complaint on all defendants (if a removal action is
filed, a copy of this notice must be served on all plaintiffs).

Subsequent documents must be filed at the following location:

[X] Western Division U Southern Division U Eastern Division

312 N. Spring St., Rm. G-8 411 West Fourth St., Rm. 1-053 3470 Twelfth St., Rm. 134
Los Angeles, CA 90012 Santa Ana, CA 92701-4516 Riverside, CA 92501

Failure to file at the proper location will result in your documents being returned to you.

CV-18 (03/06) NOTICE OF ASSIGNMENT TO UNITED STATES MAGISTRATE JUDGE FOR DISCOVERY
 Case 2:10-cv-08011-GW-PLA Document 1 Filed 10/25/10 Page 12 of 15 Page ID #:15
Name & Address: Dan Stormer, Esq. (S.B. # 101967)
Virginia Keeny, Esq. (S.B. # 139568) ~ U \.8 U
Hadsell Stormer Keeny Richardson & Renick, LLP
128 N. Fair Oaks Avenue
Pasadena, California 91103
Tel: (626) 585-9600

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA
MICHAEL HOLGUIN CASE NUMBER

v.
PLAINTIFF(S) V10- 11
COUNTY OF LOS ANGELES, et al.,
(See Attachment A)
SUMMONS
DEFENDANT(S).

TO: DEFENDANT(S): COUNTY OF LOS ANGELES, et al., see attachment A

A lawsuit has been filed against you.

'2-\
Within 2-9. days after service of this summons on you (not counting the day you received it), you
must serve on the plaintiff an answer to the attached ri complaint 0 amended complaint
0 counterclaim 0 cross-claim or a motion under Rule 12 ofthe Federal Rules of Civil Procedure. The answer
or motion must be served on the plaintiff's attorney, Virginia Keeny/Dan Stormer , whose address is
HadsellStormerKeenyRichardsonRenick 128 N. Fair Oaks Ave., PasadenaCA 91103 . Ifyou fail to do so,
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, U.S. District Court

TANYA DURANT
Dated: 10/25/10
Deputy Clerk

(Seal of the Court) 1188

[Use 60 days if the defendant is the United States or a United States agency, or is an officer or employee of the United States. Allowed
60 days by Rule 12(a)(3)].

CV -0 I A (12/07) SUMMONS
Case 2:10-cv-08011-GW-PLA Document 1 Filed 10/25/10 Page 13 of 15 Page ID #:16

ATTACHMENT A
to Summons in MICHAEL HOLGUIN v. County of Los Angeles, et al.

Total Named defendants:

COUNTY OF LOS ANGELES, LOS ANGELES COUNTY SHERIFF'S

DEPARTMENT, SHERIFF LEE BACA, DEPUTY RICO, DEPUTY
FERNANDO LUVIANO, DEPUTY LASCANO, AND DOES 1-20,
 Case 2:10-cv-08011-GW-PLA Document 1 Filed 10/25/10 Page 14 of 15 Page ID #:17

I (a) PLAINTIFFS (Check box if you are representing yourselfO) DEFENDANTS

MICHAEL HOLGUIN COUNTY OF LOS ANGELES, LOS ANGELES COUNTY SHERIFF'S
DEPARTMENT, SHERIFF LEE BACA, DEPUTY RICO, DEPUTY
FERNANDO LUVIANO, DEPUTY LASCANO, ANb DOES 1-20,

(b) Attorneys (Finn Name, Address and Telephone Number. If you are representing Attorneys (If Known)
yourself, provide same.)
Virginia Keeny, Esq. (S.B. # 139568),
Hadsell Stonner Keeny Richardson & Renick, LLP Dan Stonner, Esq. (S.B. # 101967)
128 N. Fair Oaks Avenue, Pasadena, California 91103
Tel: (626) 585-9600

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.)
0 I U.S. Government Plaintiff 'fi 3 Federal Question (U.S. PTF DEF PTF DEF
Government Not a Party) Citizen of This State 01 01 Incorporated or Principal Place 04 04
of Business in this State
0 2 U.S. Government Defendant 0 4 Diversity (Indicate Citizenship Citizen of Another State 02 02 Incorporated and Principal Place 05 05
of Parties in Item III) of Business in Another State
Citizen or Subject of a Foreign Country 0 3 0 3 Foreign Nation 06 06

IV. ORIGIN (Place an X in one box only.)

Ii'1 Original 0 2 Removed from 0 3 Remanded from 0 4 Reinstated or 0 5 Transferred from another district (specifY): 0 6 Multi- 0 7 Appeal to District
Proceeding State Court Appellate Court Reopened District Judge from
Litigation Magistrate Judge

V. REQUESTED IN COMPLAINT: JURY DEMAND: ilYes 0 No (Check 'Yes' only if demanded in complaint.)
CLASS ACTION under F.R.C.P. 23: 0 Yes dNo 0 MONEY DEMANDED IN COMPLAINT: $

'TO~TS~'-' . :; PRJSONEI~..
OTHER STATUTES CONTRACT TORT~
PERSONAL INJURY
1;. LABOR.
0400 State Reapportionment 0110 Insurance PERSONAL I· PETITIONS 0 710 Fair Labor Standards
0 410 Antitrust 0120 Marine 0310 Airplane PROPERTY 0510 Motions to Act
0430 Banks and Banking 0130 Miller Act 0315 Airplane Product 0370 Other Fraud Vacate Sentence 0 720 Labor/Mgmt.
0450 Commerce/ICC 0140 Negotiable Instrument Liability 0371 Truth in Lending Habeas Corpus Relations
Rates/etc. 0150 Recovery of 0 320 Assault, Libel & 0380 Other Personal 0 530 General 0730 Labor/Mgmt.
0460 Deportation Overpayment & Slander Property Damage 0 535 Death Penalty Reporting &
0470 Racketeer Influenced Enforcement of 0330 Fed. Employers' 0 385 Property Damage 0 540 Mandamus/ Disclosure Act
and Corrupt Judgment Liability Producticiab.ility Other 0740 Railway Labor Act
Organizations 0 !51 Medicare Act
0340 Marine .. BANKIU]I'JCY 0 550 Civil Rights 0790 Other Labor
0 345 Marine Product
0480 Consumer Credit 0152 Recovery of Defaulted 0 422 Appeal 28 USC 0 555 Prison Condition Litiga(ion
Liability .· •.. F()~~rfuR.E I
0490 Cable/Sat TV Student Loan (Excl. !58 0791 Empl. Ret. Inc.
0350 Motor Vehicle
0 810 Selective Service Veterans) 0 423 Withdrawal 28 ···PENALTY Security Act
0 355 Motor Vehicle
0 850 Securities/Commodities/ 0153 Recovery of ~

Product Liability usc !57 0610 Agriculture PROPERTY RIGHTS

Exchange Overpayment of 0 360 Other Personal ·.· ·. ·• · CIVrL RJGHTS 0620 Other Food & 0 820 Copyrights
0 875 Customer Challenge 12 Veteran's Benefits Injury 0441 Voting Drug 0 830 Patent
USC3410 0160 Stockholders' Suits 0362 Personal Injury- 0442 Employment 0625 Drug Related 0 840 Trademark
0 890 Other Statutory Actions 0190 Other Contract Med Malpractice 0443 Housing/Acco- Seizure of SOCIAL SECURITY
0 891 Agricultural Act 0195 Contract Product 0365 Personal Injury- mmodations Property 21 USC 0 861 HIA (1395ff)
0 892 Economic Stabilization Liability Product Liability 0444 Welfare 881 0 862 Black Lung (923)
Act 0 196 Franchise 0 368 Asbestos Personal 0445 American with 0630 Liquor Laws 0 863 DIWC/DIWW
0 893 Environmental Matters REAL PROPERTY Injury Product Disabilities - 0640 R.R &Truck (405(g))
0 894 Energy Allocation Act 0210 Land Condemnation Liability Employment 0650 Airline Regs 0 864 SSID Title XVI
0 895 Freedom oflnfo. Act 0220 Foreclosure IMMIGRATION 0446 American with 0660 Occupational 0 865 RSI (405(g))
0 900 Appeal of Fee Determi- 0230 Rent Lease & Ejectment 0462 Naturalization Disabilities - Safety /Health FE.DERAL TAX SUITS
nation Under Equal 0240 Torts to Land Application Other 0690 Other 0 870 Taxes (U.S. Plaintiff
Access to Justice 0245 Tort Product Liability 0463 Habeas Corpus- M44o Other Civil or Defendant)
0 950 Constitutionality of 0290 All Other Real Property Alien Detainee Rights 0 871 IRS-Third Party 26
State Statutes 0465 Other Immigration USC7609
Actions

FOR OFFICE USE ONLY: Case Number: -:!I;J.C~Vle!--.:0=-----=-8-=-01_1_ _ _.

AFTER COMPLETING THE FRONT SIDE OF FORM CV-71, COMPLETE THE INFORMATION REQUESTED BELOW.

CV-71 (05/08) CIVIL COVER SHEET Page 1 of2

 Case 2:10-cv-08011-GW-PLA Document 1 Filed 10/25/10 Page 15 of 15 Page ID #:18
UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA
CIVIL COVER SHEET

VIII(a). IDENTICAL CASES: Has this action been previously filed in this court and dismissed, remanded or closed? li'No 0 Yes
If yes, list case number{s): - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

VIII{b). RELATED CASES: Have any cases been previously filed in this court that are related to the present case? ll!!'No 0 Yes
If yes, list case number(s): - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

Civil cases are deemed related if a previously filed case and the present case:
(Check all boxes that apply) 0 A. Arise from the same or closely related transactions, happenings, or events; or
0 B. Call for determination of the same or substantially related or similar questions oflaw and fact; or
0 C. For other reasons would entail substantial duplication oflabor if heard by different judges; or
0 D. Involve the same patent, trademark or copyright, and one of the factors identified above in a, b or c also is present.

IX. VENUE: (When completing the following information, use an additional sheet if necessary.)

(a) List the County in this District; California County outside of this District; State if other than California; or Foreign Country, in which EACH named plaintiff resides.
0 Check here if the government, its agencies or employees is a named plaintiff. If this box is checked, go to item (b).
County in this District:* California County outside of this District; State, if other than California; or Foreign Country

L6s ~dRS Covnh1 ~

(b) List the County in this District; California County outside of this District; State if other than California; or Foreign Country, in which EACH named defendant resides.
0 Chec k here 1.f t he government, Its
. agencies I
. or emplOyees . a name d defien dant. If th.IS box IS
IS . checke d, go to Item
. ( c) .
County in this District:* California County outside of this District; State, if other than California; or Foreign Country

Sh.e...\i~. ~w.-., LA Cou~

L.Ps fmt).e.ks (6 LA Cot.k"'
R..\(' 0 ('>, r-c9.. L)J \AViG\-0-t') ·- 0 i'\ fL. V\.M 1\...
(c) List the County in this District; California County outside ofthis District; State if other than California; or Foreign Country, in which EACH claim arose.
Note: In land condemnation cases, use the location of the tract of land involved.
County in this District:* California County outside of this District; State, if other than California; or Foreign Country

* Los Angeles, Orange, San Bernardino, Riverside, V

Note: In land condemnation cases use the location of the.

Notice to Counsel/Parties: The CV-71 (JS-44) Civi Co er Sheet and the informati co ained herein neither replace nor supplement the filing and service of pleadings
or other papers as required by law. This form, approve bY. he Judicial Conference of the nited States in September 1974, is required pursuant to Local Rule 3-1 is not filed
but is used by the Clerk of the Court for the purpose of statistics, venue and initiating the civil docket sheet. (For more detailed instructions, see separate instructions sheet.)

Key to Statistical codes relating to Social Security Cases:

Nature of Suit Code Abbreviation Substantive Statement of Cause of Action

861 HIA All claims for health insurance benefits (Medicare) under Title 18, Part A, of the Social Security Act, as amended.
Also, 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. (41 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. (g))

CV-71 (05/08) CIVIL COVER SHEET Page 2 of2