Case: Phillip Killgore v. City of South El Monte

2:19-cv-00442 | U.S. District Court for the Central District of California

Filed Date: Jan. 21, 2019

Closed Date: June 16, 2020

Clearinghouse coding complete

Case Summary

This case involved an alleged unlawful undercover sting operation and separate alleged unlawful search of a massage center. On January 21, 2019, the owner of a massage center filed the initial lawsuit in the United States District Court for the Central District of California against the City of El Monte, the County of Los Angeles, and individual defendants alleged to be employed by the Los Angeles Sheriff's Department, the City of El Monte's public code enforcement division, and the California …

This case involved an alleged unlawful undercover sting operation and separate alleged unlawful search of a massage center. On January 21, 2019, the owner of a massage center filed the initial lawsuit in the United States District Court for the Central District of California against the City of El Monte, the County of Los Angeles, and individual defendants alleged to be employed by the Los Angeles Sheriff's Department, the City of El Monte's public code enforcement division, and the California Highway Patrol under § 1983. Represented by private counsel, the plaintiff alleged that the City violated his federal civil rights under the First Amendment, Fourth Amendment, Fifth Amendment, Eighth Amendment, the substantive and procedural components of the Due Process Clause, and the Equal Protection Clause by searching his massage parlor without a warrant and by an alleged sting operation seeking evidence of illegal prostitution. The plaintiff sought relief under § 1983. The case was assigned to Judge Stephen V. Wilson.

After both the City and County filed motions to dismiss on March 25, 2019, the plaintiff filed a First Amended Complaint that largely mirrored the initial complaint. Following subsequent motions to dismiss, the plaintiff filed a Second Amended Complaint, adding a claim for administrative mandamus under Cal. Code Civ. Proc. § 1094.5. Citing the “closely regulated” industry doctrine and failure to state a claim, the court dismissed the complaint in its entirety, except for the § 1983 claims alleging Fourth and Fifth Amendment violations by the City and County, which were dismissed with leave to amend. The plaintiff then filed a Third Amended Complaint, adding further factual allegations regarding those claims.

On April 24, 2020, the court granted the motions to dismiss with prejudice filed by the City and City Individual Defendants, finding that the massage center was closely regulated and fell into the warrant exception. However, on the same date, the court denied the County and County Individual Defendant's motion to dismiss. The court also bifurcated proceedings, separating the Fourth Amendment § 1983 violation against Officer Furuyama and any other County Individual Defendants involved in the search pursuant to the anticipatory search warrant from the Monell liability issues against the County, and set a trial date of September 1, 2020. 

Soon after, the plaintiff appealed the motion to dismiss granted to the City to the United States Court of Appeals for the Ninth Circuit. 

On July 8, 2021, the United States Court of Appeals for the Ninth Circuit affirmed the lower court’s decision to dismiss the plaintiff’s claims of violations of his First, Fourth, Fifth, and Fourteenth Amendment rights for failure to state a claim under § 1983. The Ninth Circuit affirmed that the warrantless search of the massage center came within the exception to the warrant requirement for “closely regulated” businesses. The court found that the California massage industry is pervasively regulated and as such, the owner enjoys a lower expectation of privacy, citing California state appellate precedent. 

 

 

Summary Authors

Ruby Napora (3/10/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/14983715/parties/phillip-killgore-v-city-of-south-el-monte/


Judge(s)

Wilson, Stephen Victor (California)

Attorney for Plaintiff

Weiser, Frank A (California)

Attorney for Defendant

Keuper, Janet L (California)

show all people

Documents in the Clearinghouse

No documents yet available via the Clearinghouse.

Docket

See docket on RECAP: https://www.courtlistener.com/docket/14983715/phillip-killgore-v-city-of-south-el-monte/

Last updated Oct. 9, 2025, 2:20 a.m.

ECF Number Description Date Link Date / Link
7

MINUTE ORDER IN CHAMBERS - ORDER TO SHOW CAUSE WHY THIS CASE SHOULD NOT BE DISMISSED FOR LACK OF PROSECUTION by Judge Stephen V. Wilson. (Show Cause Response due by 5/7/2019.) (mrgo) (Entered: 04/23/2019)

April 23, 2019

April 23, 2019

PACER
10

Request for Clerk to Issue Summons on Civil Cover Sheet (CV-71) 3, Notice of Assignment to United States Judges(CV-18) - optional html form 4, Complaint (Attorney Civil Case Opening) 1, Certificate/Notice of Interested Parties 2, Initial Order upon Filing of Complaint - form only 6 filed by Plaintiff Phillip Killgore. (Weiser, Frank) (Entered: 04/24/2019)

April 24, 2019

April 24, 2019

PACER
11

Request for Clerk to Issue Summons on Civil Cover Sheet (CV-71) 3, Notice of Assignment to United States Judges(CV-18) - optional html form 4, Complaint (Attorney Civil Case Opening) 1, Certificate/Notice of Interested Parties 2, Initial Order upon Filing of Complaint - form only 6 filed by Plaintiff Phillip Killgore. (Weiser, Frank) (Entered: 04/24/2019)

April 24, 2019

April 24, 2019

PACER
12

Request for Clerk to Issue Summons on Civil Cover Sheet (CV-71) 3, Notice of Assignment to United States Judges(CV-18) - optional html form 4, Complaint (Attorney Civil Case Opening) 1, Certificate/Notice of Interested Parties 2, Initial Order upon Filing of Complaint - form only 6 filed by Plaintiff Phillip Killgore. (Weiser, Frank) (Entered: 04/24/2019)

April 24, 2019

April 24, 2019

PACER
8

Request for Clerk to Issue Summons on Civil Cover Sheet (CV-71) 3, Notice of Assignment to United States Judges(CV-18) - optional html form 4, Complaint (Attorney Civil Case Opening) 1, Certificate/Notice of Interested Parties 2, Initial Order upon Filing of Complaint - form only 6 filed by Plaintiff Phillip Killgore. (Weiser, Frank) (Entered: 04/24/2019)

April 24, 2019

April 24, 2019

PACER
9

Request for Clerk to Issue Summons on Civil Cover Sheet (CV-71) 3, Notice of Assignment to United States Judges(CV-18) - optional html form 4, Complaint (Attorney Civil Case Opening) 1, Certificate/Notice of Interested Parties 2, Initial Order upon Filing of Complaint - form only 6 filed by Plaintiff Phillip Killgore. (Weiser, Frank) (Entered: 04/24/2019)

April 24, 2019

April 24, 2019

PACER
13

Request for Clerk to Issue Summons on Civil Cover Sheet (CV-71) 3, Complaint (Attorney Civil Case Opening) 1, Certificate/Notice of Interested Parties 2, Initial Order upon Filing of Complaint - form only 6 filed by Plaintiff Phillip Killgore. (Weiser, Frank) (Entered: 04/25/2019)

April 25, 2019

April 25, 2019

PACER
14

Request for Clerk to Issue Summons on Civil Cover Sheet (CV-71) 3, Notice of Assignment to United States Judges(CV-18) - optional html form 4, Complaint (Attorney Civil Case Opening) 1, Certificate/Notice of Interested Parties 2, Initial Order upon Filing of Complaint - form only 6 filed by Plaintiff Phillip Killgore. (Weiser, Frank) (Entered: 04/25/2019)

April 25, 2019

April 25, 2019

PACER
15

Request for Clerk to Issue Summons on Civil Cover Sheet (CV-71) 3, Notice of Assignment to United States Judges(CV-18) - optional html form 4, Complaint (Attorney Civil Case Opening) 1, Certificate/Notice of Interested Parties 2, Initial Order upon Filing of Complaint - form only 6 filed by Plaintiff Phillip Killgore. (Weiser, Frank) (Entered: 04/25/2019)

April 25, 2019

April 25, 2019

PACER
16

Request for Clerk to Issue Summons on Civil Cover Sheet (CV-71) 3, Notice of Assignment to United States Judges(CV-18) - optional html form 4, Complaint (Attorney Civil Case Opening) 1, Certificate/Notice of Interested Parties 2, Initial Order upon Filing of Complaint - form only 6 filed by Plaintiff Phillip Killgore. (Weiser, Frank) (Entered: 04/25/2019)

April 25, 2019

April 25, 2019

PACER
17

Request for Clerk to Issue Summons on Civil Cover Sheet (CV-71) 3, Notice of Assignment to United States Judges(CV-18) - optional html form 4, Certificate/Notice of Interested Parties 2, Initial Order upon Filing of Complaint - form only 6 filed by Plaintiff Phillip Killgore. (Weiser, Frank) (Entered: 04/25/2019)

April 25, 2019

April 25, 2019

PACER
18

Request for Clerk to Issue Summons on Civil Cover Sheet (CV-71) 3, Notice of Assignment to United States Judges(CV-18) - optional html form 4, Complaint (Attorney Civil Case Opening) 1, Certificate/Notice of Interested Parties 2, Initial Order upon Filing of Complaint - form only 6 filed by Plaintiff Phillip Killgore. (Weiser, Frank) (Entered: 04/25/2019)

April 25, 2019

April 25, 2019

PACER
19

Request for Clerk to Issue Summons on Civil Cover Sheet (CV-71) 3, Notice of Assignment to United States Judges(CV-18) - optional html form 4, Complaint (Attorney Civil Case Opening) 1, Certificate/Notice of Interested Parties 2, Initial Order upon Filing of Complaint - form only 6 filed by Plaintiff Phillip Killgore. (Weiser, Frank) (Entered: 04/25/2019)

April 25, 2019

April 25, 2019

PACER
20

Request for Clerk to Issue Summons on Civil Cover Sheet (CV-71) 3, Notice of Assignment to United States Judges(CV-18) - optional html form 4, Complaint (Attorney Civil Case Opening) 1, Certificate/Notice of Interested Parties 2, Initial Order upon Filing of Complaint - form only 6 filed by Plaintiff Phillip Killgore. (Weiser, Frank) (Entered: 04/25/2019)

April 25, 2019

April 25, 2019

PACER
21

Request for Clerk to Issue Summons on Civil Cover Sheet (CV-71) 3, Notice of Assignment to United States Judges(CV-18) - optional html form 4, Complaint (Attorney Civil Case Opening) 1, Certificate/Notice of Interested Parties 2, Initial Order upon Filing of Complaint - form only 6 filed by Plaintiff Phillip Killgore. (Weiser, Frank) (Entered: 04/25/2019)

April 25, 2019

April 25, 2019

PACER
22

Request for Clerk to Issue Summons on Civil Cover Sheet (CV-71) 3, Notice of Assignment to United States Judges(CV-18) - optional html form 4, Complaint (Attorney Civil Case Opening) 1, Certificate/Notice of Interested Parties 2, Initial Order upon Filing of Complaint - form only 6 filed by Plaintiff Phillip Killgore. (Weiser, Frank) (Entered: 04/25/2019)

April 25, 2019

April 25, 2019

PACER
23

Request for Clerk to Issue Summons on Civil Cover Sheet (CV-71) 3, Notice of Assignment to United States Judges(CV-18) - optional html form 4, Complaint (Attorney Civil Case Opening) 1, Certificate/Notice of Interested Parties 2, Initial Order upon Filing of Complaint - form only 6 filed by Plaintiff Phillip Killgore. (Weiser, Frank) (Entered: 04/25/2019)

April 25, 2019

April 25, 2019

PACER
24

Request for Clerk to Issue Summons on Civil Cover Sheet (CV-71) 3, Notice of Assignment to United States Judges(CV-18) - optional html form 4, Complaint (Attorney Civil Case Opening) 1, Certificate/Notice of Interested Parties 2, Initial Order upon Filing of Complaint - form only 6 filed by Plaintiff Phillip Killgore. (Weiser, Frank) (Entered: 04/25/2019)

April 25, 2019

April 25, 2019

PACER
25

Request for Clerk to Issue Summons on Civil Cover Sheet (CV-71) 3, Notice of Assignment to United States Judges(CV-18) - optional html form 4, Complaint (Attorney Civil Case Opening) 1, Certificate/Notice of Interested Parties 2, Initial Order upon Filing of Complaint - form only 6 filed by Plaintiff Phillip Killgore. (Weiser, Frank) (Entered: 04/25/2019)

April 25, 2019

April 25, 2019

PACER
26

Request for Clerk to Issue Summons on Civil Cover Sheet (CV-71) 3, Notice of Assignment to United States Judges(CV-18) - optional html form 4, Complaint (Attorney Civil Case Opening) 1, Certificate/Notice of Interested Parties 2, Initial Order upon Filing of Complaint - form only 6 filed by Plaintiff Phillip Killgore. (Weiser, Frank) (Entered: 04/25/2019)

April 25, 2019

April 25, 2019

PACER
27

Request for Clerk to Issue Summons on Civil Cover Sheet (CV-71) 3, Notice of Assignment to United States Judges(CV-18) - optional html form 4, Complaint (Attorney Civil Case Opening) 1, Certificate/Notice of Interested Parties 2, Initial Order upon Filing of Complaint - form only 6 filed by Plaintiff Phillip Killgore. (Weiser, Frank) (Entered: 04/25/2019)

April 25, 2019

April 25, 2019

PACER
28

Request for Clerk to Issue Summons on Civil Cover Sheet (CV-71) 3, Notice of Assignment to United States Judges(CV-18) - optional html form 4, Complaint (Attorney Civil Case Opening) 1, Certificate/Notice of Interested Parties 2, Initial Order upon Filing of Complaint - form only 6 filed by Plaintiff Phillip Killgore. (Weiser, Frank) (Entered: 04/25/2019)

April 25, 2019

April 25, 2019

PACER
29

Request for Clerk to Issue Summons on Civil Cover Sheet (CV-71) 3, Notice of Assignment to United States Judges(CV-18) - optional html form 4, Complaint (Attorney Civil Case Opening) 1, Certificate/Notice of Interested Parties 2, Initial Order upon Filing of Complaint - form only 6 filed by Plaintiff Phillip Killgore. (Weiser, Frank) (Entered: 04/25/2019)

April 25, 2019

April 25, 2019

PACER
30

21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) 1 as to defendant G. Furuyama. (mrgo) (Entered: 04/25/2019)

April 25, 2019

April 25, 2019

PACER
31

21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) 1 as to defendant B. Hall. (mrgo) (Entered: 04/25/2019)

April 25, 2019

April 25, 2019

PACER
32

21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) 1 as to defendant C. Sciacca. (mrgo) (Entered: 04/25/2019)

April 25, 2019

April 25, 2019

PACER
33

21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) 1 as to defendant M. Olmedo. (mrgo) (Entered: 04/25/2019)

April 25, 2019

April 25, 2019

PACER
34

21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) 1 as to defendant G. Lukehart. (mrgo) (Entered: 04/25/2019)

April 25, 2019

April 25, 2019

PACER
35

21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) 1 as to defendant C. Preston. (mrgo) (Entered: 04/25/2019)

April 25, 2019

April 25, 2019

PACER
36

21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) 1 as to defendant D. Fender. (mrgo) (Entered: 04/25/2019)

April 25, 2019

April 25, 2019

PACER
37

21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) 1 as to defendant M. Vega. (mrgo) (Entered: 04/25/2019)

April 25, 2019

April 25, 2019

PACER
38

21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) 1 as to defendant M. Van Dine. (mrgo) (Entered: 04/25/2019)

April 25, 2019

April 25, 2019

PACER
39

21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) 1 as to defendant R. Catano. (mrgo) (Entered: 04/25/2019)

April 25, 2019

April 25, 2019

PACER
40

21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) 1 as to defendant N. Tario. (mrgo) (Entered: 04/25/2019)

April 25, 2019

April 25, 2019

PACER
41

21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) 1 as to defendant B. Comparan. (mrgo) (Entered: 04/25/2019)

April 25, 2019

April 25, 2019

PACER
42

21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) 1 as to defendant T. Harris. (mrgo) (Entered: 04/25/2019)

April 25, 2019

April 25, 2019

PACER
43

21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) 1 as to defendant V. Vargas. (mrgo) (Entered: 04/25/2019)

April 25, 2019

April 25, 2019

PACER
44

21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) 1 as to defendant K. Rivas. (mrgo) (Entered: 04/25/2019)

April 25, 2019

April 25, 2019

PACER
45

21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) 1 as to defendant M. Quezada. (mrgo) Modified on 4/25/2019 (mrgo). (Entered: 04/25/2019)

April 25, 2019

April 25, 2019

PACER
46

21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) 1 as to defendant County of Los Angeles. (mrgo) (Entered: 04/25/2019)

April 25, 2019

April 25, 2019

PACER
47

21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) 1 as to defendant V. Pena. (mrgo) (Entered: 04/25/2019)

April 25, 2019

April 25, 2019

PACER
48

21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) 1 as to defendant O. Garcia. (mrgo) (Entered: 04/25/2019)

April 25, 2019

April 25, 2019

PACER
49

21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) 1 as to defendant A. Torres. (mrgo) (Entered: 04/25/2019)

April 25, 2019

April 25, 2019

PACER
50

21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) 1 as to defendant City of South El Monte. (mrgo) (Entered: 04/25/2019)

April 25, 2019

April 25, 2019

PACER
51

21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) 1 as to defendant J. Martinez. (mrgo) (Entered: 04/25/2019)

April 25, 2019

April 25, 2019

PACER
52

PROOF OF SERVICE Executed by Plaintiff Phillip Killgore, upon Defendant City of South El Monte served on 5/1/2019, answer due 5/22/2019. Service of the Summons and Complaint were executed upon Paola Lara, Deputy Clerk of City of South El Monte, a municipal corporation in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons NOT returned. (Weiser, Frank) (Entered: 05/06/2019)

May 6, 2019

May 6, 2019

PACER
53

PROOF OF SERVICE Executed by Plaintiff Phillip Killgore, upon Defendant County of Los Angeles served on 4/30/2019, answer due 5/21/2019. Service of the Summons and Complaint were executed upon Ruben Khosdikian, clerk authorized to accept on behalf of Defendant County of Los Angeles, a municipal corporation in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons NOT returned. (Weiser, Frank) (Entered: 05/06/2019)

May 6, 2019

May 6, 2019

PACER
54

PROOF OF SERVICE Executed by Plaintiff Phillip Killgore, upon Defendant J. Martinez served on 5/1/2019, answer due 5/22/2019. Service of the Summons and Complaint were executed upon Defendant J. Martinez in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Weiser, Frank) (Entered: 05/06/2019)

May 6, 2019

May 6, 2019

PACER
55

PROOF OF SERVICE Executed by Plaintiff Phillip Killgore, upon Defendant A. Torres served on 5/1/2019, answer due 5/22/2019. Service of the Summons and Complaint were executed upon Defendant A. Torres in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Weiser, Frank) (Entered: 05/06/2019)

May 6, 2019

May 6, 2019

PACER
56

PROOF OF SERVICE Executed by Plaintiff Phillip Killgore, upon Defendant V. Pena served on 5/1/2019, answer due 5/22/2019. in compliance with Federal Rules of Civil Procedure by substituted service at business address and no service by mail was executed.Original Summons NOT returned. Service on Paola Lara, Deputy Clerk designated by law to accept service pf process on behalf of V. Pena (Weiser, Frank) (Entered: 05/06/2019)

May 6, 2019

May 6, 2019

PACER
57

PROOF OF SERVICE Executed by Plaintiff Phillip Killgore, upon Defendant O. Garcia served on 5/1/2019, answer due 5/22/2019. Service of the Summons and Complaint were executed upon Paola Lara, Deputy Clerk of City of South El Monte, a municipal corporation in compliance with Federal Rules of Civil Procedure by substituted service at business address and no service by mail was executed.Original Summons NOT returned. Paola Lara, Deputy Clerk designated by law to accept service of process on behalf of O. Garcia (Weiser, Frank) (Entered: 05/06/2019)

May 6, 2019

May 6, 2019

PACER
58

RESPONSE filed by Plaintiff Phillip Killgoreto Minutes of In Chambers Order/Directive - no proceeding held, Set/Reset Deadlines 7 Response to Order to Show Cause Re: Dismissal; Declaration of Frank A. Weiser in Support Thereof (Weiser, Frank) (Entered: 05/07/2019)

May 7, 2019

May 7, 2019

PACER
59

SCHEDULING NOTICE IN CHAMBERS ORDER-TEXT ONLY ENTRY by Judge Stephen V. Wilson re: ORDER TO SHOW CAUSE 7, and RESPONSE to OSC 58 - The OSC issued on 4/23/2019 is DISCHARGED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pc) TEXT ONLY ENTRY (Entered: 05/07/2019)

May 7, 2019

May 7, 2019

PACER

Text Only Scheduling Notice

May 7, 2019

May 7, 2019

PACER
60

STIPULATION Extending Time to Answer the complaint as to V. Pena answer now due 6/21/2019; City of South El Monte answer now due 6/21/2019; O. Garcia answer now due 6/21/2019; J. Martinez answer now due 6/21/2019; A. Torres answer now due 6/21/2019, re Complaint (Attorney Civil Case Opening) 1 filed by Defendants V. Pena; City of South El Monte; O. Garcia; J. Martinez; A. Torres.(Attorney Marvin Edgardo Bonilla added to party City of South El Monte(pty:dft), Attorney Marvin Edgardo Bonilla added to party O. Garcia(pty:dft), Attorney Marvin Edgardo Bonilla added to party J. Martinez(pty:dft), Attorney Marvin Edgardo Bonilla added to party V. Pena(pty:dft), Attorney Marvin Edgardo Bonilla added to party A. Torres(pty:dft))(Bonilla, Marvin) (Entered: 05/20/2019)

May 20, 2019

May 20, 2019

PACER
61

STIPULATION Extending Time to Answer the complaint as to County of Los Angeles answer now due 6/20/2019, re Complaint (Attorney Civil Case Opening) 1 filed by Defendant County of Los Angeles.(Attorney Janet L Keuper added to party County of Los Angeles(pty:dft))(Keuper, Janet) (Entered: 05/21/2019)

May 21, 2019

May 21, 2019

PACER
62

NOTICE of Interested Parties filed by Defendant County of Los Angeles, (Keuper, Janet) (Entered: 05/21/2019)

May 21, 2019

May 21, 2019

PACER
63

NOTICE OF MOTION AND MOTION to Dismiss Case Pursuant to FRCP 12(B)(6) filed by DEFENDANT County of Los Angeles. Motion set for hearing on 7/22/2019 at 01:30 PM before Judge Stephen V. Wilson. (Attachments: # 1 Exhibit A, # 2 Proposed Order) (Keuper, Janet) (Entered: 06/19/2019)

June 19, 2019

June 19, 2019

PACER
64

NOTICE OF MOTION AND MOTION to Dismiss the Complaint for Damages and Injunctive and Declaratory Relief filed by Defendants City of South El Monte, O. Garcia, J. Martinez, V. Pena, A. Torres. Motion set for hearing on 7/22/2019 at 01:30 PM before Judge Stephen V. Wilson. (Attachments: # 1 Declaration Declaration of Marvin E. Bonilla in Support of Motion to Dismiss Filed by Defendants, # 2 Proposed Order Proposed Order on Motion to Dismiss Filed by Defendants) (Bonilla, Marvin) (Entered: 06/21/2019)

June 21, 2019

June 21, 2019

PACER
65

REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss the Complaint for Damages and Injunctive and Declaratory Relief 64 filed by Defendants City of South El Monte, O. Garcia, J. Martinez, V. Pena, A. Torres. (Bonilla, Marvin) (Entered: 06/21/2019)

June 21, 2019

June 21, 2019

PACER
66

NOTICE of Interested Parties filed by Defendants City of South El Monte, O. Garcia, J. Martinez, V. Pena, A. Torres, (Bonilla, Marvin) (Entered: 06/21/2019)

June 21, 2019

June 21, 2019

PACER
67

FIRST AMENDED COMPLAINT against Defendants All Defendants amending Complaint (Attorney Civil Case Opening) 1, filed by Plaintiff Phillip Killgore(Weiser, Frank) (Entered: 06/28/2019)

June 28, 2019

June 28, 2019

PACER
68

NOTICE OF APPEARANCE OR WITHDRAWAL OF COUNSEL filed by Defendants City of South El Monte, O. Garcia, J. Martinez, V. Pena, A. Torres (Giovinco, Ginetta) (Entered: 06/28/2019)

June 28, 2019

June 28, 2019

PACER
69

NOTICE of Related Case(s) filed by Defendants City of South El Monte, O. Garcia, J. Martinez, V. Pena, A. Torres. Related Case(s): 2:19-05462 (Bonilla, Marvin) (Entered: 06/28/2019)

June 28, 2019

June 28, 2019

PACER
70

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Miscellaneous Document 68 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Notice of Appearance or Withdrawal of Counsel G123. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (ak) (Entered: 07/05/2019)

July 5, 2019

July 5, 2019

PACER
71

IN CHAMBERS ORDER-TEXT ONLY ENTRY by Judge Stephen V. Wilson re: 63 MOTION to Dismiss Case Pursuant to FRCP 12(B)(6) filed by DEFENDANT; and 64 MOTION to Dismiss the Complaint for Damages and Injunctive and Declaratory Relief filed by Defendants - In light of the filing of the First Amended Complaint 67, the motions are deemed moot. The hearing scheduled for 07/22/2019 at 1:30 PM is vacated and off-calendar. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pc) TEXT ONLY ENTRY (Entered: 07/11/2019)

July 11, 2019

July 11, 2019

PACER

Text Only Scheduling Notice

July 11, 2019

July 11, 2019

PACER
72

NOTICE OF MOTION AND MOTION to Dismiss PLAINTIFF'S FIRST AMENDED COMPLAINT filed by DEFENDANT County of Los Angeles. Motion set for hearing on 8/19/2019 at 01:30 PM before Judge Stephen V. Wilson. (Attachments: # 1 Exhibit A, # 2 Proposed Order) (Keuper, Janet) (Entered: 07/12/2019)

July 12, 2019

July 12, 2019

PACER
73

NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint filed by Defendants City of South El Monte, O. Garcia, J. Martinez, V. Pena, A. Torres. Motion set for hearing on 8/12/2019 at 01:30 PM before Judge Stephen V. Wilson. (Attachments: # 1 Declaration Declaration of Marvin E. Bonilla in Support of Motion to Dismiss First Amended Complaint, # 2 Proposed Order Proposed Order on Motion to Dismiss First Amended Complaint) (Bonilla, Marvin) (Entered: 07/12/2019)

July 12, 2019

July 12, 2019

PACER
74

REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint 73 filed by Defendants City of South El Monte, O. Garcia, J. Martinez, V. Pena, A. Torres. (Bonilla, Marvin) (Entered: 07/12/2019)

July 12, 2019

July 12, 2019

PACER
75

SCHEDULING NOTICE by Judge Stephen V. Wilson re: MOTION to Dismiss First Amended Complaint 73 - The Motion hearing is reset to 8/19/2019 at 01:30 PM before Judge Stephen V. Wilson. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pc) TEXT ONLY ENTRY (Entered: 07/16/2019)

July 16, 2019

July 16, 2019

PACER

Text Only Scheduling Notice

July 16, 2019

July 16, 2019

PACER
76

MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint 73 Opposition to City of South El Monte and Individual Defendants' Motion to Dismiss First Amended Complaint; Memorandum of Points and Authorities in Support Thereof filed by Plaintiff Phillip Killgore. (Weiser, Frank) (Entered: 07/30/2019)

July 30, 2019

July 30, 2019

PACER
77

MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss PLAINTIFF'S FIRST AMENDED COMPLAINT 72 Opposition to County of Los Angeles' Motion to Dismiss First Amended Complaint; Memorandum of Points and Authorities in Support Thereof filed by Plaintiff Phillip Killgore. (Weiser, Frank) (Entered: 07/30/2019)

July 30, 2019

July 30, 2019

PACER
78

REPLY IN SUPPORT OF NOTICE OF MOTION AND MOTION to Dismiss PLAINTIFF'S FIRST AMENDED COMPLAINT 72 filed by Defendant County of Los Angeles. (Keuper, Janet) (Entered: 08/01/2019)

Aug. 1, 2019

Aug. 1, 2019

PACER
79

REPLY In Support Of NOTICE OF MOTION AND MOTION to Dismiss PLAINTIFF'S FIRST AMENDED COMPLAINT 72 filed by Defendants City of South El Monte, O. Garcia, J. Martinez, V. Pena, A. Torres. (Bonilla, Marvin) (Entered: 08/05/2019)

Aug. 5, 2019

Aug. 5, 2019

PACER
80

MINUTES OF Motion Hearing held before Judge Stephen V. Wilson: 72 MOTION to Dismiss PLAINTIFF'S FIRST AMENDED COMPLAINT 73 MOTION to Dismiss First Amended Complaint. The Court grants leave to amend the complaint within 20 days. Court Reporter: Lisa Gonzalez. (twdb) (Entered: 08/20/2019)

Aug. 19, 2019

Aug. 19, 2019

PACER
81

SECOND AMENDED COMPLAINT against Defendants All Defendants amending Amended Complaint/Petition 67, filed by Plaintiff Phillip Killgore(Weiser, Frank) (Entered: 09/09/2019)

Sept. 9, 2019

Sept. 9, 2019

PACER
82

REQUEST TO SUBSTITUTE ATTORNEY Stephen R. Onstot in place of attorney Marvin E. Bonilla filed by Defendant O. Garcia. (Attorney Stephen R Onstot added to party O. Garcia(pty:dft)) (Onstot, Stephen) (Entered: 09/10/2019)

Sept. 10, 2019

Sept. 10, 2019

PACER
83

REQUEST TO SUBSTITUTE ATTORNEY Stephen R. Onstot in place of attorney Marvin E. Bonilla filed by Defendant V. Pena. (Attorney Stephen R Onstot added to party V. Pena(pty:dft)) (Onstot, Stephen) (Entered: 09/10/2019)

Sept. 10, 2019

Sept. 10, 2019

PACER
84

REQUEST TO SUBSTITUTE ATTORNEY Stephen R. Onstot in place of attorney Marvin E. Bonilla filed by Defendant A. Torres. (Attorney Stephen R Onstot added to party A. Torres(pty:dft)) (Onstot, Stephen) (Entered: 09/10/2019)

Sept. 10, 2019

Sept. 10, 2019

PACER
85

REQUEST TO SUBSTITUTE ATTORNEY Stephen R. Onstot in place of attorney Marvin E. Bonilla filed by Defendant City of South El Monte. (Attorney Stephen R Onstot added to party City of South El Monte(pty:dft)) (Onstot, Stephen) (Entered: 09/10/2019)

Sept. 10, 2019

Sept. 10, 2019

PACER
86

REQUEST TO SUBSTITUTE ATTORNEY Stephen R. Onstot in place of attorney Marvin E. Bonilla filed by Defendant J. Martinez. (Attorney Stephen R Onstot added to party J. Martinez(pty:dft)) (Onstot, Stephen) (Entered: 09/10/2019)

Sept. 10, 2019

Sept. 10, 2019

PACER
87

NOTICE OF LODGING filed re REQUEST TO SUBSTITUTE ATTORNEY Stephen R. Onstot in place of attorney Marvin E. Bonilla 82 (Attachments: # 1 Proposed Order O. Garcia)(Onstot, Stephen) (Entered: 09/16/2019)

Sept. 16, 2019

Sept. 16, 2019

PACER
88

NOTICE OF LODGING filed re REQUEST TO SUBSTITUTE ATTORNEY Stephen R. Onstot in place of attorney Marvin E. Bonilla 83 (Attachments: # 1 Proposed Order V. Pena)(Onstot, Stephen) (Entered: 09/16/2019)

Sept. 16, 2019

Sept. 16, 2019

PACER
89

NOTICE OF LODGING filed re REQUEST TO SUBSTITUTE ATTORNEY Stephen R. Onstot in place of attorney Marvin E. Bonilla 84 (Attachments: # 1 Proposed Order A. Torres)(Onstot, Stephen) (Entered: 09/16/2019)

Sept. 16, 2019

Sept. 16, 2019

PACER
90

NOTICE OF LODGING filed re REQUEST TO SUBSTITUTE ATTORNEY Stephen R. Onstot in place of attorney Marvin E. Bonilla 85 (Attachments: # 1 Proposed Order CIty of South El Monte)(Onstot, Stephen) (Entered: 09/16/2019)

Sept. 16, 2019

Sept. 16, 2019

PACER
91

NOTICE OF LODGING filed re REQUEST TO SUBSTITUTE ATTORNEY Stephen R. Onstot in place of attorney Marvin E. Bonilla 86 (Attachments: # 1 Proposed Order J. Martinez)(Onstot, Stephen) (Entered: 09/16/2019)

Sept. 16, 2019

Sept. 16, 2019

PACER
92

NOTICE OF MOTION AND MOTION to Dismiss Second Amended Complaint filed by Defendants City of South El Monte, O. Garcia, J. Martinez, V. Pena, A. Torres. Motion set for hearing on 10/28/2019 at 01:30 PM before Judge Stephen V. Wilson. (Attachments: # 1 Memorandum of Points and Authorities, # 2 Declaration of Stephen R. Onstot, # 3 Proposed Order) (Onstot, Stephen) (Entered: 09/23/2019)

Sept. 23, 2019

Sept. 23, 2019

PACER
93

REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Second Amended Complaint 92 filed by Defendants City of South El Monte, O. Garcia, J. Martinez, V. Pena, A. Torres. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Onstot, Stephen) (Entered: 09/23/2019)

Sept. 23, 2019

Sept. 23, 2019

PACER
94

NOTICE OF MOTION AND MOTION to Dismiss PLAINTIFF'S SECOND AMENDED COMPLAINT filed by DEFENDANT County of Los Angeles. Motion set for hearing on 10/28/2019 at 01:30 PM before Judge Stephen V. Wilson. (Attachments: # 1 Proposed Order) (Keuper, Janet) (Entered: 09/23/2019)

Sept. 23, 2019

Sept. 23, 2019

PACER
95

REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss PLAINTIFF'S SECOND AMENDED COMPLAINT 94 filed by Defendant County of Los Angeles. (Attachments: # 1 Exhibit A)(Keuper, Janet) (Entered: 09/23/2019)

Sept. 23, 2019

Sept. 23, 2019

PACER
100

ORDER by Judge Stephen V. Wilson: granting 86 Request to Substitute Attorney. Anthony R. Taylor is substituted in place of attorney Marvin E. Bonilla for Defendant J. Martinez. Added attorney Anthony R Taylor for J. Martinez. Attorney Marvin Edgardo Bonilla and Ginetta L Giovinco terminated. (mrgo) (Entered: 09/27/2019)

Sept. 26, 2019

Sept. 26, 2019

PACER
96

ORDER by Judge Stephen V. Wilson: granting 82 Request to Substitute Attorney. Anthony R. Taylor is substituted in place of attorney Marvin E. Bonilla for Defendant O. Garcia. Added attorney Anthony R Taylor for O. Garcia. Attorney Marvin Edgardo Bonilla and Ginetta L Giovinco terminated. (mrgo) (Entered: 09/27/2019)

Sept. 26, 2019

Sept. 26, 2019

PACER
97

ORDER by Judge Stephen V. Wilson: granting 83 Request to Substitute Attorney. Anthony R. Taylor is substituted in place of attorney Marvin E. Bonilla for Defendant V. Pena. Added attorney Anthony R Taylor for V. Pena. Attorney Marvin Edgardo Bonilla and Ginetta L Giovinco terminated. (mrgo) (Entered: 09/27/2019)

Sept. 26, 2019

Sept. 26, 2019

PACER
98

ORDER by Judge Stephen V. Wilson: granting 84 Request to Substitute Attorney. Anthony R. Taylor substituted in place of attorney Marvin E. Bonilla for Defendant A. Torres. Added attorney Anthony R Taylor for A. Torres. Attorney Marvin Edgardo Bonilla and Ginetta L Giovinco terminated. (mrgo) (Entered: 09/27/2019)

Sept. 26, 2019

Sept. 26, 2019

PACER
99

ORDER by Judge Stephen V. Wilson: granting 85 Request to Substitute Attorney. Anthony R. Taylor is substituted in place of attorney Marvin E. Bonilla for Defendant City of South El Monte. Added attorney Anthony R Taylor for City of South El Monte. Attorney Marvin Edgardo Bonilla and Ginetta L Giovinco terminated. (mrgo) (Entered: 09/27/2019)

Sept. 26, 2019

Sept. 26, 2019

PACER
101

MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Second Amended Complaint 92 Opposition to Motion to Dismiss Second Amended Complaint; Memorandum of Points and Authorities in Support Thereof filed by Plaintiff Phillip Killgore. (Weiser, Frank) (Entered: 10/07/2019)

Oct. 7, 2019

Oct. 7, 2019

PACER
102

MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss PLAINTIFF'S SECOND AMENDED COMPLAINT 94 Opposition to County of Los Angeles' Motion to Dismiss Second Amended Complaint; Memorandum of Points and Authorities in Support Thereof filed by Plaintiff Phillip Killgore. (Weiser, Frank) (Entered: 10/08/2019)

Oct. 8, 2019

Oct. 8, 2019

PACER
103

NOTICE OF NON-OPPOSITION TO REQUEST FOR JUDICIAL NOTICE FILED BY THE COUNTY OF LOS ANGELES IN SUPPORT OF ITS MOTION TO DISMISS SECOND AMENDED COMPLAINT re NOTICE OF MOTION AND MOTION to Dismiss PLAINTIFF'S SECOND AMENDED COMPLAINT 94 filed by Defendant County of Los Angeles. (Keuper, Janet) (Entered: 10/11/2019)

Oct. 11, 2019

Oct. 11, 2019

PACER

Case Details

State / Territory: California

Case Type(s):

Policing

Key Dates

Filing Date: Jan. 21, 2019

Closing Date: June 16, 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Owner of a massage center

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Unknown

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

City of South El Monte (South El Monte, Los Angeles), City

Los Angeles County Sheriff's Department (LASD) (South El Monte, Los Angeles), County

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Unreasonable search and seizure

Available Documents:

Trial Court Docket

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General/Misc.:

Search policies