Opinion
No. 1:11-CV-00066-AWI-BAM
01-11-2013
LILIA MELGOZA, Plaintiff, v. CITY OF MODESTO, MODESTO POLICE DEPARTMENT, OFFICER SHANE CASTRO, SGT. TIMOTHY HELTON, and DOES 1 to 100, Defendants.
SUSANA ALCALA WOOD, SB#156366 JAMES F. WILSON, Senior Deputy City Attorney #107289 Attorneys for Defendants Alonzo J. Gradford (SB# 244201) LAW OFFICE OF ALONZO J. GRADFORD Sanjay S. Schmidt (SB# 247475) LAW OFFICE OF SANJAY S. SCHMIDT Attorneys for Plaintiff
SUSANA ALCALA WOOD, SB#156366
JAMES F. WILSON, Senior Deputy City Attorney #107289
Attorneys for Defendants
Alonzo J. Gradford (SB# 244201)
LAW OFFICE OF ALONZO J. GRADFORD
Sanjay S. Schmidt (SB# 247475)
LAW OFFICE OF SANJAY S. SCHMIDT
Attorneys for Plaintiff
STIPULATION AND ORDER FOR
DISMISSAL OF CERTAIN CLAIMS
AGAINST DEFENDANTS CITY OF
MODESTO, MODESTO POLICE
DEPARTMENT AND SHANE CASTRO
STIPULATION
The parties to the above-entitled action, by and through their respective counsel of record, hereby stipulate and agree as follows:
1. Plaintiff's second cause of action raising a Title 42 U.S.C. section 1983 claim against the defendant City of Modesto shall be dismissed with prejudice;
2. In recognition of the fact that plaintiff's third cause of action claiming "assault by means of force likely to produce great bodily injury" is subsumed in plaintiff's fourth cause of action for assault, plaintiff's third cause of action for "assault by means of force likely to produce great bodily injury" shall be dismissed with prejudice;
3. Plaintiff's ninth cause of action under California Civil Code section 51.9 for sexual harassment shall be dismissed with prejudice;
4. Plaintiff's tenth cause of action under California Civil Code section 52.1 shall be dismissed without prejudice to its renewal and further litigation in this action if the current case law requiring an act or threat of violence separate from the constitutional violation claimed is changed so as to remove that requirement prior to the completion of the trial in this action.
It is further stipulated and agreed that, as to each and every cause of action so dismissed pursuant to this stipulation, each party shall bear his, her or its own costs of litigation, including attorney's fees.
IT IS SO STIPULATED.
SUSANA ALCALA WOOD
City Attorney
By: __________
JAMES F. WILSON
Senior Deputy City Attorney
Attorneys for Defendants
LAW OFFICE OF ALONZO J. GRADFORD
LAW OFFICE OF SANJAY S. SCHMIDT
By: __________
SANJAY S. SCHMIDT
Attorneys for Plaintiff
ORDER
IT IS HEREBY ORDERED that, pursuant to the stipulation of the parties which is recited above, certain claims brought by the plaintiff Lilia Melgoza against the defendants City of Modesto, Modesto Police Department and/or Shane Castro in the within action shall be, and hereby are dismissed as follows:
1. Plaintiff's second cause of action raising a Title 42 U.S.C. section 1983 claim against the defendant City of Modesto shall be DISMISSED WITH PREJUDICE;
2. Plaintiff's third cause of action claiming "assault by means of force likely to produce great bodily injury" is DISMISSED WITH PREJUDICE;
3. Plaintiff's ninth cause of action under California Civil Code section 51.9 for sexual harassment is DISMISSED WITH PREJUDICE;
4. Plaintiff's tenth cause of action under California Civil Code section 52.1 shall be DISMISSED WITHOUT PREJUDICE to its renewal and further litigation in this action if the current case law requiring an act or threat of violence separate from the constitutional violation claimed is changed so as to remove that requirement prior to the completion of the trial in this action.
IT IS FURTHER ORDERED that, pursuant to that same stipulation, as to each and every cause of action so dismissed pursuant to this stipulation and order, each party shall bear his, her or its own costs of litigation, including attorney's fees. IT IS SO ORDERED.
______________
SENIOR DISTRICT JUDGE