Calaceto
Calaceto v. Richardson Bay Regional Agency
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…