Free Order on Motion to Dismiss - District Court of California - California


File Size: 19.9 kB
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Date: September 13, 2007
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State: California
Category: District Court of California
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Case 3:07-cv-02941-PJH

Document 17

Filed 09/13/2007

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1 2 3 4 5 6 7 8 9 10 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

United States District Court

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For the Northern District of California

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MARCO MAESTRINI, Plaintiff, v. CITY AND COUNTY OF SAN FRANCISCO, et al., Defendants. _______________________________/ The motion of defendants City and County of San Francisco, Police Chief Heather Fong, and Officer Jesse Serna for an order dismissing the sixth through eleventh causes of action pursuant to Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim came on for hearing before this court on September 12, 2007. Plaintiff appeared by his counsel Ben Nisenbaum, and defendants appeared by their counsel David B. Newdorf. Having read the parties' papers and carefully considered their arguments and the relevant legal authority, and good cause appearing, the court hereby GRANTS the motion in part and DENIES it in part as follows, for the reasons stated at the hearing. 1. The motion to dismiss the seventh, eighth, tenth, and eleventh causes of No. C 07-2941 PJH ORDER GRANTING MOTION TO DISMISS IN PART AND DENYING IT IN PART

action is GRANTED, based on plaintiff's non-opposition. 2. The motion to dismiss the sixth cause of action for intentional infliction of

Case 3:07-cv-02941-PJH

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emotional distress and the ninth cause of action for violation of California Civil Code ยง 52.1 is DENIED. 3. Plaintiff shall file an amended complaint no later than October 3, 2007.

Defendants shall file their answer to the amended complaint no later than October 24, 2007.

IT IS SO ORDERED. Dated: September 13, 2007 ______________________________ PHYLLIS J. HAMILTON United States District Judge

United States District Court

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For the Northern District of California

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