Diviacchi

Diviacchi v. Stallings

Good Law
United States District Court, Northern District of CaliforniaMarch 5, 20253:24-cv-07827California4,953 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 5 VALERIANO DIVIACCHI, Case No. 24-cv-07827-EMC

Plaintiff,

ORDER GRANTING DEFENDANTS’

v. MOTION TO DISMISS

BRANDON STALLINGS, et al., Docket No. 13 Defendants.

11 12 13 Plaintiff Valeriano Diviacchi, proceeding pro se, has filed suit against State Bar of California (“CalBar” or “State Bar”) officials Brandon Stallings, Alex Chan, and Amy Nuñez (collectively, “Defendants”) in their official capacities. Plaintiff claims State Bar Rule 4.41(A) is facially unconstitutional. Now pending before the Court is Defendants’ motion to dismiss. Defendants argue that subject matter jurisdiction is lacking based on Eleventh Amendment immunity and the Rooker–Feldman doctrine, that claim preclusion is an independent bar to the action, and that Mr. Diviacchi has failed to state a claim for relief. Having considered the parties’ briefs, accompanying submissions, and oral arguments, the Court hereby GRANTS Defendants’ motion. I. …

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