Free Motion to Strike - District Court of California - California

Case 3:08-cv-00634-W-AJB

Document 4-3

Filed 04/11/2008

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DALEY & HEFT, ATTORNEYS AT LAW ROBERT W. BROCKMAN, ESQ. (SBN 123546) GOLNAR J. FOZI, ESQ. (SBN 167674) 462 STEVENS AVENUE, SUITE 201 SOLANA BEACH, CA 92075 TELEPHONE: (858) 755-5666 FACSIMILE: (858) 755-7870 Attorneys for Defendants CARLSBAD COMMUNITY CHURCH, TOM WOOD, DICK LEE and FRANCISCO MESQUITA

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

SONDRA BOONE,

) ) Plaintiff, ) ) v. ) ) CARLSBAD COMMUNITY CHURCH, ) TOM WOOD, DICK LEE, FRANCISCO ) MESQUITA and DOES 1-20, ) ) Defendants. ) ) ) ) ) ) ) ) ___________________________________ )

Case No. 08 CV 0634 W AJB DEFENDANTS CARLSBAD COMMUNITY CHURCH, TOM WOOD, DICK LEE, FRANCISCO MESQUITA'S NOTICE OF MOTION AND MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED [FRCP 12(b)(6)]; MEMORANDUM OF POINTS AND AUTHORITIES [No Oral Argument Per Local Rule] DATE: May 12, 2008 TIME: 10:30 a.m. DEPT.: 7 DIST. JUDGE: Thomas J. Whelan MAG. JUDGE: Anthony J. Battalia

TO: PLAINTIFF AND HER ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that on May 12, 2008 at 10:30 a.m. or as soon thereafter as the matter may be heard in Department 7 of the above-entitled court, located at 880 Front Street, Room 4290, San Diego, California 92101, defendants CARLSBAD COMMUNITY CHURCH, TOM WOOD, DICK LEE, FRANCISCO MESQUITA will move the court pursuant to FRCP 12(b)(6), for an order dismissing parts of plaintiff's First Amended Complaint on the following grounds: ///
1 DEFENDANTS CARLSBAD COM M UNITY CHURCH, TOM W OOD, DICK LEE, FRANCISCO M ESQUITA'S NOTICE OF M OTION AND M OTION TO DISM ISS FOR FAILURE TO STATE A CLAIM

Case 3:08-cv-00634-W-AJB

Document 4-3

Filed 04/11/2008

Page 2 of 2

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1.

Plaintiff's Third Cause of Action for Wrongful Termination of Employment in

Violation of Labor Code sections 1102.5 and 6400 fails to state a cause of action on which relief can be granted; 2. Plaintiff's Fourth Cause of Action for Wrongful Termination of Employment in

Violation of Labor Code sections 1102.5 and 6310 fails to state a cause of action on which relief can be granted; 3. Plaintiff's Fifth Cause of Action for Violation of Labor Code Sections 6400 et seq.

fails to state facts sufficient to constitute a cause of action. 4. Plaintiff's Sixth Cause of Action for Retaliation in Violation of 42 U.S.C. Section

2000e-3(a) fails to state facts sufficient to constitute a cause of action against the individual defendants WOOD, LEE and MESQUITA. 5. Plaintiff's Seventh Cause of Action for Age Discrimination and Harassment fails

to state facts sufficient to constitute a cause of action against the individual defendants WOOD, LEE and MESQUITA; 6. Plaintiff's Eighth Cause of Action for Age Discrimination and Harassment fails

to state facts sufficient to constitute a cause of action against the individual defendants WOOD, LEE and MESQUITA. This motion will be based on this notice and motion, the memorandum of points and authorities filed herewith, the exhibits filed herewith, the request for judicial notice, and the pleadings and papers filed herein.

Dated: April 11, 2008

DALEY & HEFT, LLP

By: /s/ Golnar J. Fozi ROBERT W. BROCKMAN GOLNAR J. FOZI Attorneys for Defendants CARLSBAD COMMUNITY CHURCH, TOM WOOD, DICK LEE and FRANCISCO MESQUITA

2 DEFENDANTS CARLSBAD COM M UNITY CHURCH, TOM W OOD, DICK LEE, FRANCISCO M ESQUITA'S NOTICE OF M OTION AND M OTION TO DISM ISS FOR FAILURE TO STATE A CLAIM