Bolbol

Bolbol v. Brown

Good Law
120 F. Supp. 3d 1010·2015 WL 4880916·2015 U.S. Dist. LEXIS 107503
United States District Court, Northern District of CaliforniaAugust 14, 2015Case No. 14-cv-03679-RMWCalifornia4,332 words

Opinion

Lead Opinion

Whyte, J.

ORDER GRANTING MOTION TO DISMISS FIRST AMENDED COMPLAINT

Plaintiffs Deniz Bolbol and Joseph Cu-viello filed this action against defendants Jerry Brown, the Governor of California, and Kamala Harris, the Attorney General of California, challenging the statutory procedures used by a California state court to issue restraining orders and an injunction against them under. California’s Workplace Violence Safety Act. Dkt. No. 16. Defendants move to dismiss plaintiffs’ first amended complaint (“FAC”), on several grounds, including sovereign immunity under the Eleventh Amendment, that the action is untimely, the Rooker-Feldman doctrine, and the doctrine of abstention. Dkt.’ No. 27, at 2¡ For the reasons set forth *1013 below, the court GRANTS defendants’ motion to dismiss.

I. BACKGROUND

A. The Workplace Violence Safety Act

California’s Workplace Violence Safety-Act (“WVSA”) provides a mechanism for an employer to seek a temporary restraining order and an injunction on behalf of an employee who “has suffered unlawful violence or a credible threat of violence from any individual,” and that violence or threat of violence “can reasonably be construed to be carried out or to have been…

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