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`UNITED STATES DISTRICT COURT
`CENTRAL DISTRICT OF CALIFORNIA
`WESTERN DIVISION
`
`
`TODD R.G. HILL, et al.,
`Plaintiffs,
`
`v.
`
`THE BOARD OF DIRECTORS,
`OFFICERS, AND AGENTS AND
`INDIVIDUALS OF PEOPLES
`COLLEGE OF LAW, et al.,
`Defendants.
`
`
`
`
`
`No. 2:23-cv-01298-JLS-BFM
`
`ORDER ACCEPTING
`MAGISTRATE JUDGE’S
`INTERIM REPORT AND
`RECOMMENDATION
`
`
`
`
`Pursuant to 28 U.S.C. § 636, the Court has reviewed the Second Amended
`Complaint, the records and files herein, the Magistrate Judge’s Interim Report
`and Recommendation, and Plaintiff Todd R.G. Hill’s Objections to the Report
`and Recommendation. The Court has engaged in a de novo review of those
`portions of the Interim Report and Recommendation to which objections have
`been made.
`The Court accepts the recommendations of the Magistrate Judge with one
`exception. The State Bar Defendant argues that its departments and
`committees should be dismissed with prejudice because those entities lack
`capacity to be sued. (ECF 137 at 5.) Under California law, it is the State Bar
`itself, and not entities under its control, that may sue and be sued. Cal. Bus. &
`
`
`
`Case 2:23-cv-01298-JLS-BFM Document 145 Filed 08/05/24 Page 2 of 3 Page ID #:6577
`
`
`Prof. Code § 6001. The Defendants at issue—the Office of Chief Trial Counsel,
`Board of Trustees, Office of Admissions, and Office of General Counsel—are not
`named in any Cause of Action and are dismissed with prejudice.
`ACCORDINGLY, IT IS ORDERED:
`1.
`The Report and Recommendation is accepted.
`2.
`Plaintiff’s Request for Judicial Notice (ECF 102) is granted, but
`only as to the existence of the attached State Bar exhibits, and not as to the
`validity or accuracy of the contents of these exhibits.
`3.
`Plaintiff’s Second Request for Judicial Notice (ECF 106) is denied.
`4.
`The moving Defendants’ Motions to Dismiss the Second Amended
`Complaint (ECF 58, 78, 88, 89, 92, 110, 122) are granted in part, as follows:
`
`(a) the Second Amended Complaint is dismissed in its entirety for
`Plaintiff’s failure to comply with Rule 8;
`(b) all of Plaintiff’s claims against the State Bar and its committees
`or departments (except for Plaintiff’s Twelfth and Thirteenth Causes of
`Action based only on Title IX), because these Defendants have Eleventh
`Amendment immunity, are dismissed with prejudice;
`(c) all of Plaintiff’s claims against the individual State Bar
`Defendants in their official capacity (except Plaintiff’s Twelfth, and
`Thirteenth Causes of Action based only on Title IX and his Sixth and
`Seventh Causes of Action to the extent those claims may seek declaratory
`or injunctive relief), are dismissed with prejudice because these
`Defendants have Eleventh Amendment immunity;
`(d) the Sixth Cause of Action is dismissed with prejudice to the
`extent it seeks Federal Bar admission, as such relief is beyond this Court’s
`jurisdiction;
`
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`Case 2:23-cv-01298-JLS-BFM Document 145 Filed 08/05/24 Page 3 of 3 Page ID #:6578
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`(e) Plaintiff’s Fourteenth, Fifteenth, and Sixteenth Causes of Action
`under 18 U.S.C. §§ 241, 242, and 245, are dismissed with prejudice
`because there is no private right of action under those statutes; and
`(f) Defendants Office of Chief Trial Counsel, Board of Trustees,
`Office of Admissions, and Office of General Counsel are dismissed with
`prejudice.
`5.
`The moving Defendants’ Motions to Dismiss are otherwise denied
`without prejudice, including Defendant Gonzalez’ Motion to Dismiss for
`insufficient service of process; Defendant Spiro’s request for sanctions; and the
`individual State Bar Defendants Motion to dismiss based on quasi-judicial or
`qualified immunity.
`6.
`Plaintiff’s Motion to Dismiss (ECF 89) is dismissed as moot.
`7. Not later than thirty days from the date of this Order,
`Plaintiff shall file a Third Amended Complaint remedying the deficiencies
`detailed herein. To be clear, any claim that has been dismissed with prejudice
`may not be reasserted in the Third Amended Complaint.
`8.
`The Court Clerk shall serve this Order on all counsel or parties of
`record.
`
`DATED: August 5, 2024
`
`
`
`
`
`
`
`
`_______________________________________
` HONORABLE JOSEPHINE L. STATON
` UNITED STATES DISTRICT JUDGE
`
`
`
`
`
`
`3
`
`
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