Opinion
NO. 2:09-CV-02187-JAM-EFB.
February 10, 2010
DANA A. SUNTAG (State Bar #125127), SUNTAG FEUERSTEIN, A PROFESSIONAL CORPORATION, Stockton, California, GILBERTO GUTIERREZ (State Bar #85795), OFFICE OF THE COUNTY COUNSEL OF SAN JOAQUIN, Deputy County Counsel, Stockton, California, Attorneys for Defendants, COUNTY OF SAN JOAQUIN, RALPH GUERRERO, and RENEE SMITH.
The hearing on Defendants County of San Joaquin, Ralph Guerrero, and Renee Smith's (the "County Defendants") motion to dismiss the Second, Third, Fourth, and Fifth Claims for Relief contained in Plaintiff's Complaint was held on February 3, 2010, in Courtroom 6, the Honorable John A. Mendez presiding. Plaintiffs appeared by their counsel, Dennis R. Ingols of the Law Offices of Robert R. Powel; the County Defendants appeared by their counsel Dana A. Suntag of Suntag Feuerstein, a Professional Corporation.
The Court, having reviewed the motion, the Opposition, and the Reply, and having heard argument of counsel at the hearing, rules as follows:
The Motion is GRANTED with leave to amend as to Guerrero and Smith for the reasons the Court stated at the hearing.
The Motion is DENIED as to the County for the reasons the Court stated at the hearing.
Plaintiffs are granted 30 days' leave to amend from February 3, 2010.
The County Defendants shall move, plead, or otherwise respond within 20 days of the date that Plaintiffs file their First Amended Complaint.
LAW OFFICES OF ROBERT R. POWELL, DENNIS R. INGOLS, Attorneys for Plaintiffs.