Ramirez
Ramirez v. Butler
Opinion
Opinion
Chen, J.
ORDER GRANTING DEFENDANTS’ MOTION TO DISMISS AND GRANTING DEFENDANTS’ REQUESTS FOR JUDICIAL NOTICE (Docket Nos. 8, 9,19, 22)
Plaintiff Lloyd Victor Ramirez has sued Defendants the San Rafael Yacht Harbor, Matt Butler (the owner and operator of the San Rafael Yacht Harbor), Loch Lo-mond Marina, and Pat Lopez (the harbormaster of Loch Lomond Marina). See Compl. ¶¶ 3, 5. Mr. Ramirez has asserted two causes of action in his complaint. The first cause of action is against Mr. Butler and the San Rafael Yacht Harbor (“San Rafael Defendants”) for title to and right of possession of two sailboats as well as damages for wrongful taking of the sail boats. The second canse of action is against Mr. Lopez and Loch Lomond Marina (“Loch Lomond Defendants”) for violation of privacy. Several days after Mr. Ramirez filed his complaint in federal court, he filed the same exact complaint in state court.
The Loch Lomond Defendants have moved to dismiss the case on the basis that the Court lacks jurisdiction. The San Rafael Defendants have joined in the motion. Having considered the parties’ briefs and accompanying submissions, as well as the oral argument of counsel, the Court hereby GRANTS the…