Calaceto

Calaceto v. Richardson Bay Regional Agency

Good Law
United States District Court, Northern District of CaliforniaJune 16, 20253:23-cv-04487California7,117 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

CAROLINE CALACETO,

Case No. 23-cv-04487-TLT

Plaintiff, v. ORDER DISMISSING CASE UNDER FEDERAL RULES OF CIVIL

RICHARDSON BAY REGIONAL PROCEDURE 41(B) AND 12(B)(6)

AGENCY, et al., WITH PREJUDICE

Defendants. Re: Dkt. Nos. 77, 81, 82,

12 Plaintiff Caroline Calaceto alleges that Defendants Richardson Bay Regional Agency (“RBRA”), James Malcolm, and Steven McGrath (together, “Defendants”) seized and destroyed her boat, the Loveshack, absent legal authority. Pending before the Court is Defendants’ Federal Rule of Civil Procedure 12(b)(6) motion, ECF 77 to partially dismiss the First Amended Complaint (“FAC”), ECF 39, and Defendants’ motion to dismiss the entire FAC under Federal Rule of Civil Procedure 41(b), ECF 85. Defendants initially moved only to dismiss: (1) Count Six under California Civil Code § 52.1 (“Bane Act”) (against all…

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