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 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)

Judge(s)

Wilson, Stephen Victor (California)

Attorney for Plaintiff

Weiser, Frank A (California)

Attorney for Defendant

Keuper, Janet L (California)

Attorney Contact Information via CourtListener

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 July 8, 2026, 5:32 a.m.

Docket for: Phillip Killgore v. City of South El Monte

ECF Number	Date	Description	Link
7	April 23, 2019	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)	RECAP
8	April 24, 2019	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)	RECAP
9	April 24, 2019	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)	RECAP
10	April 24, 2019	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)	RECAP
11	April 24, 2019	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)	RECAP
12	April 24, 2019	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)	RECAP
13	April 25, 2019	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)	RECAP
14	April 25, 2019	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)	RECAP
15	April 25, 2019	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)	RECAP
16	April 25, 2019	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)	RECAP
17	April 25, 2019	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)	RECAP
18	April 25, 2019	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)	RECAP
19	April 25, 2019	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)	RECAP
20	April 25, 2019	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)	RECAP
21	April 25, 2019	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)	RECAP
22	April 25, 2019	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)	RECAP
23	April 25, 2019	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)	RECAP
24	April 25, 2019	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)	RECAP
25	April 25, 2019	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)	RECAP
26	April 25, 2019	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)	RECAP
27	April 25, 2019	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)	RECAP
28	April 25, 2019	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)	RECAP
29	April 25, 2019	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)	RECAP
30	April 25, 2019	21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) 1 as to defendant G. Furuyama. (mrgo) (Entered: 04/25/2019)	RECAP
31	April 25, 2019	21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) 1 as to defendant B. Hall. (mrgo) (Entered: 04/25/2019)	RECAP
32	April 25, 2019	21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) 1 as to defendant C. Sciacca. (mrgo) (Entered: 04/25/2019)	RECAP
33	April 25, 2019	21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) 1 as to defendant M. Olmedo. (mrgo) (Entered: 04/25/2019)	RECAP
34	April 25, 2019	21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) 1 as to defendant G. Lukehart. (mrgo) (Entered: 04/25/2019)	RECAP
35	April 25, 2019	21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) 1 as to defendant C. Preston. (mrgo) (Entered: 04/25/2019)	RECAP
36	April 25, 2019	21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) 1 as to defendant D. Fender. (mrgo) (Entered: 04/25/2019)	RECAP
37	April 25, 2019	21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) 1 as to defendant M. Vega. (mrgo) (Entered: 04/25/2019)	RECAP
38	April 25, 2019	21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) 1 as to defendant M. Van Dine. (mrgo) (Entered: 04/25/2019)	RECAP
39	April 25, 2019	21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) 1 as to defendant R. Catano. (mrgo) (Entered: 04/25/2019)	RECAP
40	April 25, 2019	21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) 1 as to defendant N. Tario. (mrgo) (Entered: 04/25/2019)	RECAP
41	April 25, 2019	21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) 1 as to defendant B. Comparan. (mrgo) (Entered: 04/25/2019)	RECAP
42	April 25, 2019	21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) 1 as to defendant T. Harris. (mrgo) (Entered: 04/25/2019)	RECAP
43	April 25, 2019	21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) 1 as to defendant V. Vargas. (mrgo) (Entered: 04/25/2019)	RECAP
44	April 25, 2019	21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) 1 as to defendant K. Rivas. (mrgo) (Entered: 04/25/2019)	RECAP
45	April 25, 2019	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)	RECAP
46	April 25, 2019	21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) 1 as to defendant County of Los Angeles. (mrgo) (Entered: 04/25/2019)	RECAP
47	April 25, 2019	21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) 1 as to defendant V. Pena. (mrgo) (Entered: 04/25/2019)	RECAP
48	April 25, 2019	21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) 1 as to defendant O. Garcia. (mrgo) (Entered: 04/25/2019)	RECAP
49	April 25, 2019	21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) 1 as to defendant A. Torres. (mrgo) (Entered: 04/25/2019)	RECAP
50	April 25, 2019	21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) 1 as to defendant City of South El Monte. (mrgo) (Entered: 04/25/2019)	RECAP
51	April 25, 2019	21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) 1 as to defendant J. Martinez. (mrgo) (Entered: 04/25/2019)	RECAP
52	May 6, 2019	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)	RECAP
53	May 6, 2019	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)	RECAP
54	May 6, 2019	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)	RECAP
55	May 6, 2019	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)	RECAP
56	May 6, 2019	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)	RECAP
57	May 6, 2019	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)	RECAP
58	May 7, 2019	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)	RECAP
59	May 7, 2019	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)	RECAP
	May 7, 2019	Text Only Scheduling Notice
60	May 20, 2019	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)	RECAP
61	May 21, 2019	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)	RECAP
62	May 21, 2019	NOTICE of Interested Parties filed by Defendant County of Los Angeles, (Keuper, Janet) (Entered: 05/21/2019)	RECAP
63	June 19, 2019	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)	RECAP
64	June 21, 2019	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)	RECAP
65	June 21, 2019	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)	RECAP
66	June 21, 2019	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)	RECAP
67	June 28, 2019	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)	RECAP
68	June 28, 2019	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)	RECAP
69	June 28, 2019	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)	RECAP
70	July 5, 2019	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)	RECAP
71	July 11, 2019	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)	RECAP
	July 11, 2019	Text Only Scheduling Notice
72	July 12, 2019	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)	RECAP
73	July 12, 2019	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)	RECAP
74	July 12, 2019	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)	RECAP
75	July 16, 2019	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)	RECAP
	July 16, 2019	Text Only Scheduling Notice
76	July 30, 2019	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)	RECAP
77	July 30, 2019	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)	RECAP
78	Aug. 1, 2019	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)	RECAP
79	Aug. 5, 2019	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)	RECAP
80	Aug. 19, 2019	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)	RECAP
81	Sept. 9, 2019	SECOND AMENDED COMPLAINT against Defendants All Defendants amending Amended Complaint/Petition 67, filed by Plaintiff Phillip Killgore(Weiser, Frank) (Entered: 09/09/2019)	RECAP
82	Sept. 10, 2019	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)	RECAP
83	Sept. 10, 2019	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)	RECAP
84	Sept. 10, 2019	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)	RECAP
85	Sept. 10, 2019	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)	RECAP
86	Sept. 10, 2019	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)	RECAP
87	Sept. 16, 2019	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)	RECAP
88	Sept. 16, 2019	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)	RECAP
89	Sept. 16, 2019	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)	RECAP
90	Sept. 16, 2019	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)	RECAP
91	Sept. 16, 2019	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)	RECAP
92	Sept. 23, 2019	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)	RECAP
93	Sept. 23, 2019	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)	RECAP
94	Sept. 23, 2019	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)	RECAP
95	Sept. 23, 2019	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)	RECAP
96	Sept. 26, 2019	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)	RECAP
97	Sept. 26, 2019	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)	RECAP
98	Sept. 26, 2019	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)	RECAP
99	Sept. 26, 2019	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)	RECAP
100	Sept. 26, 2019	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)	RECAP
101	Oct. 7, 2019	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)	RECAP
102	Oct. 8, 2019	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)	RECAP
103	Oct. 11, 2019	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)	RECAP

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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

City of South El Monte

County

Los Angeles County Sheriff's Department (LASD)

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Unreasonable search and seizure

Other Dockets:

Central District of California 2:19-cv-00442

Available Documents:

Trial Court Docket

Outcome

Prevailing Party: Defendant

Relief Granted:

None

Source of Relief:

None

Issues

General/Misc.:

Search policies

Recommended Citation

Case Summary of Phillip Killgore v. City of South El Monte, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/45714/ (last updated 3/10/2025).