Free Motion to Dismiss - District Court of California - California

Case 4:08-cv-02313-WDB

Document 9

Filed 05/27/2008

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ZACH COWAN, Acting City Attorney (SBN 96372) LYNNE BOURGAULT, Deputy City Attorney (SBN 180416) 2180 Milvia Street, 4th Floor Berkeley, CA 94704 [email protected] Phone: 510.981.6950 Fax: 510.981.6960 Attorneys for Defendant CITY OF BERKELEY

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION U-HAUL CO. OF CALIFORNIA, a California corporation; and AMERCO REAL ESTATE COMPANY, a Nevada corporation; Plaintiffs, CASE NO. C08-02313 WDB DEFENDANT'S NOTICE OF MOTION AND MOTION TO DISMISS PURSUANT TO FED. RULE CIV. PROC. 12(b)(6) Date: August 20, 2008 Time: 1:30 p.m. Dept.: 400S

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Notice of Motion and Motion to Dismiss Pursuant to F.R.C.P. 12(b)(6) Case No. CO8-02313 WDB

v. CITY OF BERKELEY, a municipality; Defendant.

TO PLAINTIFFS AND THEIR COUNSEL OF RECORD: NOTICE IS HEREBY GIVEN that on August 20, 2008, at 1:30 p.m., or as soon thereafter as counsel may be heard by the above-entitled Court, located at 1301 Clay Street, Suite 400S, Oakland, California, defendant City of Berkeley will and hereby does move the Court to dismiss Plaintiffs' Complaint pursuant to Federal Rule of Civil Procedure 12(b)(6) based on the doctrine of res judicata, the Younger abstention doctrine, and with respect to the fourth and sixth causes of action, for failure to state a claim. This motion is based upon this Notice of Motion and Motion, the accompanying Memorandum of Points and Authorities, the Request for Judicial Notice and all pleadings and

Case 4:08-cv-02313-WDB

Document 9

Filed 05/27/2008

Page 2 of 2

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papers on file in this action, and upon such other matters as may be presented to the Court at the time of the hearing. Dated: May 27, 2008 ZACH COWAN, Acting City Attorney

By:

/s/ Lynne Bourgault, Deputy City Attorney Attorneys for Defendant City of Berkeley

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Notice of Motion and Motion to Dismiss Pursuant to F.R.C.P. 12(b)(6) Case No. CO8-02313 WDB