Xiz
Xiz v. Martinez
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 HUI YING XIZ, Case No. 25-cv-03023-JSC
Plaintiff,
ORDER RE: MOTION TO DISMISS
v. 9 Re: Dkt. No. 5 ALEX MARTINEZ, Defendant.
12 In March 2025, Plaintiff Hui Ying Xiz filed in state court a request for a civil harassment restraining order against Defendant Alex Martinez. (Dkt. No. 1-1 at 5.) Defendant removed the case to this Court and filed the pending motion to dismiss. (Dkt. Nos. 1, 5.) Having carefully considered the submissions, the Court concludes oral argument is not required, see N.D. Cal. Civ. L.R. 7-1(b), and GRANTS Defendant’s motion to dismiss. Because Defendant is a federal employee and the requested restraining order would restrict her workplace activities, the action is effectively against the United States and therefore barred by sovereign immunity. BACKGROUND Plaintiff filed a request for a civil harassment restraining order in San Mateo County Superior Court against Defendant. (Dkt. No. 1-1 at 5.) The request…