United States v. California Department of Transportation
Opinion
Opinion
Hamilton, J.
ORDER DENYING MOTION TO DISMISS, MOTION FOR A MORE DEFINITE STATEMENT, AND MOTION TO STRIKE
The motion of defendant California Department of Transportation (“CalTrans”) for an order dismissing the complaint for failure to state a claim, and alternative motion for a more definite statement, and motion to strike, came on for hearing before this court on June 17, 2009. Plaintiff United States of America appeared by its counsel Davis H. Forsythe and Bradley R. O’Brien, and CalTrans appeared by its counsel Janet Wong and Derek S. Van Hoften. Having read the parties’ papers and carefully considered their arguments, and good cause appearing, the court hereby DENIES the motions.
BACKGROUND
The Presidio of San Francisco (“the Presidio”), which is currently part of the Golden Gate National Recreation Area, was maintained by the United States Army for almost 150 years as a functional installation known as the Presidio of San Francisco Military Reservation.
Established as a military post by Spain in 1776, the Presidio passed into the control of the Republic of Mexico after Mexico declared its independence from Spain in 1821. The United States seized the Presidio in 1846 at the beginning…