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Moortgat v. County of San Joaquin

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


February 10, 2010

STEPHEN MOORTGAT, ALMA MOORTGAT, PLAINTIFFS,
v.
COUNTY OF SAN JOAQUIN, RALPH GUERRERO, AND RENEE COUNTY OF SAN JOAQUIN, ET AL., DEFENDANTS.

The opinion of the court was delivered by: John A. Mendez U. S. District Judge Judge

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS SMITH'S MOTION TO DISMISS THE SECOND, THIRD, FOURTH, AND FIFTH CLAIMS FOR RELIEF FOR FAILURE TO STATE A CLAIM Date: February 3, 2010 Time: 9:30 a.m. Place: Courtroom 6 (14th Floor)

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.

Approved as to form:

Dated: February 9, 2010

LAW OFFICES OF ROBERT R. POWELL DENNIS R. INGOLS Attorneys for Plaintiffs

20100210

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