Case 3:13-cv-01944-CAB-BLM Document 73 Filed 12/12/13 Page 1 of 3

1 Kenneth H. Moreno (SBN 108890) J. Lynn Feldner (SBN 132913) (SBN 170520) 2 Gina E. Och MURCHISON & CUMMING, LLP 3 750 B Street, Suite 2550 San Diego, California 92101-8114 4 Telephone: (619) 544-3204 (619) 544-3216 5 Facsimile: (213) 630-1027 E-Mail: kmoreno@murchisonlaw.com lfeldner@murchisonlaw.com 6 goch@murchisonlaw.com 7 8 Attorneys for Defendants, TERRY CHUCAS and SUSAN GRIFFIN 9 10 11 12 13 CALIFORNIA COALITION FOR FAMILIES AND CHILDREN., 14 a Delaware Corporation, LEXEVIA, PC, a California Professional 15 Corporation, and COLBERN C. STUART, an individual, 16 17 18 19 20 SAN DIEGO COUNTY BAR ASSOCIATION, a California 21 corporation, et al., 22 23 24 25 TO ALL PARTIES AND TO THEIR RESPECTIVE ATTORNEYS OF RECORD: 26 PLEASE TAKE NOTICE that on January 24, 2014, at 2:00 p.m., or as soon 27 thereafter as the matter may heard in Courtroom 4C of the United States District Court 28 for the Southern District of California, 800 Front Street, San Diego, California 92101, 1
3:13-cv-01944-CAB-BLM

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

CASE NO. 3:13-cv-01944-CAB-BLM NOTICE OF MOTION AND MOTION TO DISMISS DEFENDANTS TERRY CHUCAS AND SUSAN GRIFFIN OR, IN THE ALTERNATIVE, FOR A MORE DEFINITIVE STATEMENT
[MEMORANDUM OF POINTS AND AUTHORITIES, DECLARATION OF GINA E. OCH; REQUEST FOR JUDICIAL NOTICE; [PROPOSED] ORDER LODGED HEREWITH]

Plaintiffs, vs.

Date: January 24, 2014 Time: 2:00 p.m. Ctrm: 4C

[Reserved]

Defendants.

Assigned Judge: Hon. Cathy Ann Bencivengo Magistrate: Hon. Barbara Lynn Major Action Filed: August 20, 2013

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1 Defendants TERRY CHUCAS, an individual, and SUSAN GRIFFIN, an individual, 2 respectfully move and hereby do move for an order dismissing Defendants TERRY 3 CHUCAS, an individual, and SUSAN GRIFFIN, an individual, from this action, 4 pursuant to Federal Rules of Civil Procedure 8, 9, and 12(b)(1) and (b)(6). Alternatively, 5 for its violation of Federal Rule of Civil Procedure 8, Defendants move for a more 6 definitive statement pursuant to Rule 12(e). 7 Specifically, Defendants request an order dismissing this action against them on 8 the grounds: 9 1. Plaintiffs' Complaint fails to satisfy the requirements of Federal Rules of 10 Civil Procedure 8(a) and (d), 9(b), and 12(b)(1), (b)(6) and (e). 11 2. Plaintiffs CCFC and Lexevia lack standing to bring this action because 12 neither is represented by counsel. Lexevia also lacks standing to sue because its 13 corporate status is currently suspended. 14 3. Plaintiffs' 42 U.S.C. 1983 counts fail because: (a) the counts are barred by 15 the statute of limitations; (b) the Complaint does not contain sufficient factual matter to 16 state a claim for relief against either Mr. Chucas or Ms. Griffin; and (c) the Complaint 17 does not allege that either Mr. Chucas or Ms. Griffin, private individuals, acted under the 18 color of law in connection with the alleged "Stuart Assault." 19 4. Plaintiffs' 42 U.S.C. 1985 counts fail because: (a) the counts are barred by 20 the statute of limitations; (b) the Complaint does not contain sufficient factual matter to 21 state a claim for relief against either Mr. Chucas or Ms. Griffin; and (c) the Complaint 22 does not allege facts showing that any Plaintiff is a federal officer who was prevented 23 from performing his or its duties, Defendants obstructed justice or interfered with a 24 witness testifying or attending federal court, or Defendants had a discriminatory motive 25 and Plaintiffs' membership in a suspect class. 26 5. Plaintiffs' Lanham Act count fails because: (a) Plaintiffs lack standing to sue 27 these moving Defendants; (b) the count is barred by the statute of limitations; (c) the 28 Complaint does not contain sufficient factual matter to state a claim for relief against 2
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1 either Mr. Chucas or Ms. Griffin. 2 6. Plaintiffs' RICO counts fail because: (a) Plaintiffs lack standing to sue under 3 these moving Defendants; (b) the Complaint does not contain sufficient factual matter to 4 state a claim for relief against either Mr. Chucas or Ms. Griffin; (c) the Complaint does 5 not allege Mr. Chucas's or Ms. Griffin's participation in whatever purported RICO 6 enterprise is claimed; and (d) the Complaint does not allege the requisite specific intent 7 to defraud. 8 7. Plaintiffs' Complaint fails to contain sufficient factual matter to satisfy all 9 elements of their requested injunctive relief or declaratory relief. 10 This Motion is based upon this Notice of Motion, the accompanying 11 Memorandum of Points and Authorities, the accompanying Declaration of Gina E. Och 12 and supporting exhibits, the accompanying Request for Judicial Notice, the 13 accompanying proposed Order, and such further oral and/or documentary evidence as 14 may properly be presented at the time of the hearing of this matter, if any. 15 16 DATED: December 12, 2013. 17 18 19 20 21 22 23 24 25 26 27 28 3
3:13-cv-01944-CAB-BLM

MURCHISON & CUMMING, LLP By: s/ Gina E. Och KENNETH H. MORENO J. LYNN FELDNER GINA E. OCH Attorneys for Defendants, TERRY CHUCAS and SUSAN GRIFFIN