Jonathan Darosa v. Lowes Home Improvement

Summary

The document is findings and recommendations by a United States magistrate judge concerning Defendant Lowe’s Home Improvement’s renewed motion to dismiss one count of an eight-count state-law complaint. The court recommends denying dismissal of the plaintiff’s claim under California’s Tom Bane Civil Rights Act, concluding that allegations of physical force by store employees and coercive involvement with police were sufficient at the pleading stage. The court also recommends denying without prejudice the request to strike the prayer for attorney fees.

Holdings

1. The allegations that Lowe's employees knocked Plaintiff to the ground, battered or violently attacked him, and were present when police arrived were sufficient at the pleading stage to allege coercion independent of the coercion inherent in the alleged detention and search. The motion to dismiss the Bane Act claim should therefore be denied.
2. The request for attorney fees should not be stricken at the pleading stage and should be denied without prejudice because Plaintiff had previously been represented by counsel and indicated that he might retain counsel again.

Questions Presented

1. Whether Plaintiff's allegations that Lowe's employees physically assaulted him before police arrived and then supplied allegedly false information to police sufficiently alleged threats, intimidation, or coercion beyond the coercion inherent in a detention or search under California Civil Code section 52.1.
2. Whether Plaintiff's request for attorney fees should be stricken because he was proceeding pro se.

Disposition

other