Foster v. Lu CA2/2

California Court of Appeal Jun 28, 2021 No. B603845Unpublished

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Holding. The court held that the defendant judge is protected by absolute judicial immunity for actions taken in her judicial capacity, and that the plaintiff's claims were otherwise meritless and barred by various legal doctrines.

Issues

Whether a judge is immune from a civil action for damages and injunctive relief arising from her judicial rulings.
Whether the plaintiff's complaint stated sufficient facts to constitute a cause of action against the judge.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“As an active judge on the Los Angeles Superior Court, Judge Lu is protected by judicial immunity.”

“It is patent that Judge Lu was acting in her judicial capacity, i.e., exercising her judicial powers when she dismissed case No. 14K08085.”

“Judicial immunity extends to actions for declaratory, injunctive, and other equitable relief.”

Filed 6/28/21 Foster v. Lu CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION TWO

RICKY TYRONE FOSTER, B306845

Plaintiff and Appellant, (Los Angeles County Super. Ct. v. No. 20STCV02763)

ELAINE LU, as Judge of the Superior Court, etc.,

Defendant and Respondent.

APPEAL from a judgment of the Superior Court for Los Angeles County, Barbara Ann Meiers, Judge. Affirmed. Ricky Tyrone Foster, in pro. per., for Plaintiff and Appellant. Cummings, McClorey, Davis, Acho & Associates and Sarah L. Overton for Defendant and Respondent. ______________________________

Appellant Ricky Tyrone Foster, serving a life sentence, filed a civil action against four prison officials because they allegedly failed to timely file his petition for review in the California Supreme Court. (Foster v. Ibbotson et al. (Super. Ct. L.A. County, 2014, No. 14K08085).) Foster failed to appear for the trial of that action on December 17, 2015; it was dismissed without prejudice on the same day by the respondent in this appeal, Judge Elaine Lu.1 Foster appealed the dismissal of case No. 14K08085 to the superior court appellate division. (Foster v. Ibbotson (Nov. 16, 2018, BV032137 [nonpub. opn.] (Ibbotson).) Foster filed the civil action at bar on January 22, 2020, against Judge Lu, alleging she violated his rights by dismissing case No. 14K08085. Judge Lu’s demurrer to this action was sustained without leave to amend. Foster appealed. We affirm. Pertinent Procedural History2 After the dismissal of case No. 14K08085 without prejudice on December 17, 2015, Foster attempted to file a first amended complaint and various motions. On October 20, 2016, the superior court ordered Foster’s motions off calendar, found he had not complied with Code of Civil Procedure section 473, and ordered the first amended complaint stricken. Foster appealed but the appellate division dismissed the appeal because Foster had not provided an adequate record. (Ibbotson, supra, BV032137.)

Foster v. Lu CA2/2

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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION TWO

RICKY TYRONE FOSTER, B306845

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