Free Motion to Dismiss - District Court of California - California

Case 3:07-cv-02221-BEN-NLS

Document 19

Filed 05/07/2008

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JOHN J. SANSONE, County Counsel (State Bar No. 103060) County of San Diego By RICKY R. SANCHEZ, Senior Deputy (State Bar No. 107559) DAVID BRODIE, Senior Deputy (State Bar No. 156855) 1600 Pacific Highway, Room 355 San Diego, California 92101-2469 Telephone: (619) 531-4874; Fax: (619) 531-6005 E-mail: [email protected] Attorneys for Defendant County of San Diego

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF CALIFORNIA

HENRY KODIMER, by and through through (sic) his guardian ad litem, LYN RAMSKILL, Plaintiff, v. CITY OF ESCONDIDO; COUNTY OF SAN DIEGO; OFFICER WYSE; OFFICER UMSTOT; SERGEANT DISTEL; and Doe Defendants 1 through 10, inclusive, Defendants.

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No. 07-cv-2221-BEN(NLS) NOTICE OF MOTION AND MOTION TO DISMISS PLAINTIFF'S COMPLAINT Date: July 7, 2008 Time: 10:30 a.m. Dept.: 3 - Court room of the Honorable Roger T. Benitez Trial Date: None

TO: PLAINTIFFS AND HIS ATTORNEY OF RECORD: PLEASE TAKE NOTICE that on July 7, 2008, at 10:30 a.m., or as soon thereafter as the matter may be heard, in the courtroom of the Honorable Roger T. Benitez, United States District Judge, located at 940 Front Street, San Diego, California, defendant County of San Diego will move to dismiss plaintiff's complaint pursuant to Federal Rules of Civil Procedure, rules 12(b)(6) on grounds that it fails to state a claim upon which relief can be granted. /// ///
07-cv-2221-BEN(NLS)

Case 3:07-cv-02221-BEN-NLS

Document 19

Filed 05/07/2008

Page 2 of 3

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The motion will be based upon this notice, upon the accompanying memorandum of points and authorities, and upon all papers and pleadings on file in this action. DATED: May 7, 2008 JOHN J. SANSONE, County Counsel By: s/ RICKY R. SANCHEZ, Senior Deputy DAVID BRODIE, Senior Deputy Attorneys for Defendant County of San Diego E-mail: [email protected]

-207-cv-2221-BEN(NLS)

Case 3:07-cv-02221-BEN-NLS

Document 19

Filed 05/07/2008

Page 3 of 3

Declaration of Service I, the undersigned, declare: That I am over the age of eighteen years and not a party to the case; I am employed in, or am a resident of, the County of San Diego, California where the service occurred; and my business address is: 1600 Pacific Highway, Room 355, San Diego, California. On May 7, 2008, I served the following documents: Notice Of Motion And Motion To Dismiss Plaintiff's Complaint; Memorandum Of Points And Authorities In Support Of Motion To Dismiss Plaintiff's Complaint in the following manner: By personally delivering copies to the person served. By placing a copy in a separate envelope, with postage fully prepaid, for each addressee named below and depositing each in the U. S. Mail at San Diego, California. By electronic filing, I served each of the above referenced documents by E-filing, in accordance with the rules governing the electronic filing of documents in the United States District Court for the Southern District of California, as to the following parties: Richard T. Copeland, Esq. Moreno & Perez 714 West Olympic Boulevard, #450 Los Angeles, California 90015 (213) 745-6300 (213) 745-6060 (fax) E-mail: [email protected] (Attorneys for Plaintiff Henry Kodimer, by and through his Guardian ad Litem, Lyn Ramskill) Michael R McGuinness, Deputy City Attorney's Office 201 N. Broadway Escondido, CA 92025 (760) 839-4608 (760) 741-7541 (fax) E:mail: [email protected] (Attorneys for Defendants City of Escondido, Officer Wyse, Officer Umstot, Sergeant Distel)

I declare under penalty of perjury that the foregoing is true and correct. Executed on May 7, 2008, at San Diego, California. By: s/ RICKY R. SANCHEZ E-mail: [email protected]

(Henry Kodimer, etc. v. City of Escondido, et al.; USDC No. 07-cv-2221-BEN(NLS))