Dewey v. Super. Ct. of Cal., No. 21-09834, 2022 WL 1452742 (C.D. Cal. May 9, 2022)

Dewey v. Super. Ct. of Cal., No. 21-09834, 2022 WL 1452742 (C.D. Cal. May 9, 2022)

Re:  Plaintiff "appears to seek a 'full unredacted copy of the DOJ Report' as well as a 'full unredacted copy' of the 'District Attorney's case' file in a Superior Court case"

Disposition:  Dismissing action without prejudice for lack of subject matter jurisdiction

• Litigation Considerations, Pleadings:  "[T]he [first amended complaint] does not set forth which defendant or defendants plaintiff is purporting to raise a FOIA claim against, nor the specific factual basis for any such claim."  "Plaintiff references the DOJ, and she appears to seek a 'full unredacted copy of the DOJ Report' as well as a 'full unredacted copy' of the 'District Attorney's case' file in a Superior Court case."  "Plaintiff's [first amended complaint], however, does not clearly identify the specific information she sought in which FOIA request to what agency at what time."  "[A] district court has jurisdiction to enjoin a federal agency from withholding agency records that were improperly withheld."  "In order to raise such a claim, however, plaintiff must first comply with each agency's administrative procedures for seeking information subject to FOIA, and then set forth facts alleging that her request or requests for specific information was or were improperly refused."  "Moreover, FOIA does not provide a right to pursue monetary damages, and plaintiff's [first amended complaint complaint] 'seeks compensatory and punitive damages against all defendants.'"  "Therefore, the Court finds that plaintiff's factual allegations pertaining to any plausible FOIA claim are so insufficient and unsubstantial as to lack an arguable basis in either law or fact." 
   
• Litigation Considerations, Exhaustion of Administrative Remedies:  "[P]laintiff must exhaust the administrative remedies required under FOIA before she may seek judicial review."  "Here, plaintiff has not alleged that she has complied with these requirements."