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Garcia v. City of Sanger

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


September 21, 2009

CLAUDIA GARCIA, PLAINTIFF,
v.
CITY OF SANGER, ET AL., DEFENDANT.

The opinion of the court was delivered by: Oliver W. Wanger United States District Judge

MEMORANDUM DECISION AND ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION TO DISMISS AND TO STRIKE FIRST AMENDED COMPLAINT (Doc. 16)

Before the Court is Defendants' motion to dismiss and to strike certain claims and allegations in Plaintiff Claudia Garcia's First Amended Complaint (FAC).*fn1

At the hearing, Plaintiff agreed to dismissal of all state law claims in the FAC and that Plaintiff will proceed in this action solely on her federal civil rights claims. Defendants' motion to dismiss the Third Cause of Action for interference with California Civil Rights, the Fourth Cause of Action for intentional infliction of emotional distress, the Fifth Cause of Action for negligence and negligence per se, and to dismiss all allegations in the FAC that Defendants violated Article One, Sections One and Seven of the California Constitution is GRANTED.

Defendants' motion to dismiss the First Cause of Action for violation of 42 U.S.C. § 1983 and the Second Cause of Action for false arrest and imprisonment in violation of the Fourth and Fourteenth Amendments to the United States Constitution is DENIED.

Plaintiff shall file a Second Amended Complaint within ten court days from September 21, 2009. Defendants shall have ten days to respond.

IT IS SO ORDERED.


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