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Case 2:15-cv-04147-E Document 24-1 Filed 11/04/15 Page 1 of 3 Page ID #:150

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WALSH & ASSOCIATES, APC


16633 Ventura Boulevard, Suite 800
Encino, CA 91436
Telephone: (818) 986-1776
Facsimile: (818) 382-2071
DENNIS J. WALSH, Esq. (State Bar No. 106646)
ALICE CHUNG, Esq. (State Bar No. 245166)
Attorneys for Defendants, MT. SAN ANTONIO
COMMUNITY COLLEGE DISTRICT
(erroneously sued as Mt. San Antonio College), a
public entity; LORRAINE JONES, a public entity
employee; JAMES P. CZAJA, a public entity
employee; WILLIAM T. SCROGGINS, a public
entity employee; BAILEY SMITH, a public entity
employee; and JOHN CARDENAS, a public entity
employee

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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AAREFEH MOSAVI

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Plaintiff,

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vs

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MT. SAN ANTONIO COLLEGE;


CHESTER BROWN; LORRAINE
JONES, in her individual and official
capacities; JAMES P. CZAJA, in his
individual and official capacities;
WILLIAM T. SCROGGINS, in his
individual and official capacities;
BAILEY SMITH, in her individual
and official capacities; JOHN
CARDENAS, in his individual and
official capacities; and DOES 1-10,
inclusive

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Case No. 2:15-cv-04147-E


[PROPOSED] ORDER GRANTING
MOTION TO DISMISS OR, IN THE
ALTERNATIVE, A MORE DEFINITE
STATEMENT
[Fed. R. Civ. P. 12(b)(6), 12(e), Local Rules
7-4, et al.]

DATE: December 11, 2015


TIME: 9:30 A.M.
COURTROOM: 20

Defendants.

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///
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[PROPOSED] ORDER GRANTING MOTION TO DISMISS OR, IN THE


ALTERNATIVE, A MORE DEFINITE STATEMENT

Case 2:15-cv-04147-E Document 24-1 Filed 11/04/15 Page 2 of 3 Page ID #:151

TO THE COURT, THE PARTIES, AND THEIR ATTORNEYS:

The Motion to Dismiss/Motion for More Definite Statement by defendants,

MT. SAN ANTONIO COLLEGE COMMUNITY COLLEGE DISTRICT

(District), a public entity; LORRAINE JONES (Jones), a public entity

employee; JAMES P. CZAJA (Czaja), a public entity employee; WILLIAM T.

SCROGGINS (Scroggins), a public entity employee; BAILEY SMITH (Smith),

a public entity employee; and JOHN CARDENAS (Cardenas), a public entity

employee, (collectively herein referred to as Defendants) was heard on December

11, 2015, at 9:30 a.m., by this Court. Having considered all papers filed in support

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and in opposition of the Motion, arguments of counsel, and all other pleadings and

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papers on file, the Court finds as follows:

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1.

Plaintiff, AAREFEH MOSAVI (Plaintiff), has failed to assert

sufficient facts to support a cognizable legal theory against the District.


2.

Plaintiff has failed to identify a cognizable legal theory against Ms.

Jones, Mr. Czaja, Dr. Scroggins, Ms. Smith, or Mr. Cardenas.

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Good cause appearing therefor, IT IS HEREBY ORDERED THAT:

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1.

Defendants Motion to Dismiss is GRANTED.

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[In the alternative, the Court finds as follows:

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1.

Plaintiff fails to identify against whom she brings her Third Cause of

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Action for Hostile Work Environment based on Sex Discrimination (Title VII),

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Fourth Cause of Action for Religious Harassment (Title VII), and Fifth Cause of

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Action for Rape and Sexual Assault and are therefore so vague and ambiguous.

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Good cause appearing therefor, IT IS HEREBY ORDERED THAT:

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1.

Defendants Motion for a More Definite Statement is GRANTED.]

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DATED:________________, 2015

_______________________________
The Honorable Charles F. Eick
United States District Magistrate Judge
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[PROPOSED] ORDER GRANTING MOTION TO DISMISS OR, IN THE


ALTERNATIVE, A MORE DEFINITE STATEMENT

Case 2:15-cv-04147-E Document 24-1 Filed 11/04/15 Page 3 of 3 Page ID #:152

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PROOF OF SERVICE
)
)
COUNTY OF LOS ANGELES )
I am employed in the County of Los Angeles, State of California. I am over
the age of 18 years of age, and am not a party to the within action; my business
address is 16633 Ventura Boulevard, Suite 800, Encino, California 91436.
STATE OF CALIFORNIA

On the date herein below specified, I served the foregoing document,


described as set forth below on the interested parties in this action by placing true
copies thereof enclosed in sealed envelopes, at Encino, California, addressed as
follows:
DATE OF SERVICE

DOCUMENT SERVED:

[PROPOSED] ORDER GRANTING MOTIO


NTO DISMISS OR, IN THE ALTERNATIVE, A
MORE DEFINITE STATEMENT

COUNSEL SERVED

Attorneys for Plaintiff:


Ronald Cruz, Esq.
United for Equality and Affirmative Action Legal
Defense Fund (UEAALDF)
1985 Linden Street
Oakland, CA 94607
ronald.cruz@ueaa.net, monica.smith@ueaa.net
510-384-8859

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November 4, 2015

Attorneys for Chester Brown:


Mark Leonard Carpenter
Carpenter Rothans & Dumont
888 South Figueroa Street, Suite 1960
Los Angeles CA 90017
mcarpenter@crdlaw.com
Telephone: 213.228.0400; Facsimile: 213.228.0401
XXX (BY REGULAR MAIL) I caused such envelope(s) with postage thereon fully
prepaid to be placed in the United States mail at Los Angeles, California. I
am Areadily familiar@ with the firm=s practice of collection and processing
correspondence for mailing. It is deposited with the U.S. Postal Service on
that same day in the ordinary course of business. I am aware that on motion
of party served, service is presumed invalid if postal cancellation date or
postage meter date is more than one (1) day after date of deposit for mailing
in affidavit.
* * *
XXX (FEDERAL) I declare that I am employed in the office of a member of the
bar of this Court, at whose direction the service was made.
EXECUTED at Encino, California on November 4, 2015.
____________________________
Adreana Rutter
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[PROPOSED] ORDER GRANTING MOTION TO DISMISS OR, IN THE


ALTERNATIVE, A MORE DEFINITE STATEMENT