Orozco

Orozco v. County of Monterey

Good Law

941 F. Supp. 930·96 Daily Journal DAR 13587·1996 WL 584914·1996 U.S. Dist. LEXIS 18839

United States District Court, Northern District of CaliforniaSeptember 20, 1996C-96-20175-EAICalifornia4,607 words

Opinion

Infante, J.

ORDER DENYING DEFENDANTS’ MOTION TO DISMISS IN PART AND GRANTING DEFENDANTS’ MOTION TO DISMISS IN PART WITH LEAVE TO AMEND

I. INTRODUCTION

Defendants County of Monterey (“the County”) and Natividad Medical Center (“Natividad”) move to dismiss plaintiff Corrine Orozco’s First Amended Complaint (“the Complaint”) pursuant to Rule 12(b)(6), Fed.R.Civ.P., for failure to state a claim upon which relief may be granted, and for more definite statement pursuant to Rule 12(e), Fed.R.Civ.P. For the reasons set for below, the motion to dismiss is DENIED IN PART and GRANTED IN PART with leave to amend; and the motion for more definite statement is DENIED.

II. BACKGROUND

Plaintiffs Complaint, filed April 10, 1996, alleges constitutional violations under 42 U.S.C. § 1988 (first cause of action); constitutional violations directly under the U.S. Constitution (second'and third causes of action); employment discrimination based on gender and national origin under 42 U.S.C. § 2000e (fourth cause of action) and Cal. Govt.Code § 12940 et seq. (fifth cause of action); and violation of public policy (sixth cause of action). Defendants move for dismissal of the first five of plaintiffs causes of…

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