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Moortgat v. County of San Joaquin

United States District Court, E.D. California
Feb 10, 2010
NO. 2:09-CV-02187-JAM-EFB (E.D. Cal. Feb. 10, 2010)

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.


ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS COUNTY OF SAN JOAQUIN, RALPH GUERRERO, AND RENEE SMITH'S MOTION TO DISMISS THE SECOND, THIRD, FOURTH, AND FIFTH CLAIMS FOR RELIEF FOR FAILURE TO STATE A CLAIM


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.


Summaries of

Moortgat v. County of San Joaquin

United States District Court, E.D. California
Feb 10, 2010
NO. 2:09-CV-02187-JAM-EFB (E.D. Cal. Feb. 10, 2010)
Case details for

Moortgat v. County of San Joaquin

Case Details

Full title:STEPHEN MOORTGAT, ALMA MOORTGAT, Plaintiffs, v. COUNTY OF SAN JOAQUIN, et…

Court:United States District Court, E.D. California

Date published: Feb 10, 2010

Citations

NO. 2:09-CV-02187-JAM-EFB (E.D. Cal. Feb. 10, 2010)