Scoggins v. Falcon Court

Summary

The United States District Court for the Eastern District of California partially adopted findings and recommendations concerning Danell Scoggins’s claims against Falcon Court and Turning Point of Central California. The court dismissed the action for failure to state a cognizable claim but granted leave to file a second amended complaint asserting a possible Fair Housing Act retaliation claim based on a notice to quit.

Holdings

1. The first amended complaint failed to state a cognizable claim.
2. The plaintiff was granted one final opportunity to amend because her objections and notice to quit identified evidence that, if adequately pleaded, might establish a Fair Housing Act retaliation claim.
3. Any second amended complaint must be complete in itself, allege all facts supporting the Fair Housing Act retaliation claim, and not rely on the prior pleadings.

Questions Presented

1. Whether the first amended complaint stated a cognizable claim under the Fair Housing Act.
2. Whether the plaintiff's objections and subsequently submitted notice to quit warranted leave to amend a Fair Housing Act retaliation claim.
3. What allegations were required in the second amended complaint.

Disposition

dismissed