Velasquez, Jr. v. City of Hayward

Good Law
United States District Court, Northern District of CaliforniaNovember 13, 20243:24-cv-01221California5,165 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 9 STEVEN VELASQUEZ, JR., Case No. 24-cv-01221-TSH

Plaintiff,

ORDER GRANTING MOTION TO

v. DISMISS SECOND AMENDED

COMPLAINT AND DENYING

CITY OF HAYWARD, et al., MOTION TO STRIKE Defendants. Re: Dkt. No.

15 I. INTRODUCTION Plaintiff Steven Velasquez Jr. brings this 42 U.S.C. § 1983 civil rights action against Defendants City of Hayward, Dynaton Tran, Lawrence La Strape, Bruce Russell, Mark Smith and Jessenia Torres. Pending before the Court is Defendants’ Motion to Dismiss Plaintiff’s Second Amended Complaint pursuant to Federal Rule of Civil Procedure 12(b)(6). ECF No. 36. As part of their motion, Defendants also move to strike Plaintiff’s prayer for punitive damages pursuant to Rule 12(f). Plaintiff filed an Opposition (ECF No. 39) and Defendants filed a Reply (ECF No. 41). The Court finds this matter suitable for disposition without oral argument and VACATES the…

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