Clark v. California Department of Forestry & Fire Protection

Good Law
212 F. Supp. 3d 808·2016 WL 4411816
United States District Court, Northern District of CaliforniaAugust 19, 2016Case No. 15-cv-04808-HSGCalifornia3,516 words

Opinion

Lead Opinion

Gilliam, J.

*810 ORDER GRANTING DEFENDANTS’ MOTION TO DISMISS WITH PARTIAL LEAVE TO AMEND THE COMPLAINT

Before the Court is the motion to dismiss filed by Defendant California Department of Forestry and Fire Protection (“CAL FIRE”) and several of its employees, Jim Crawford, Shana Jones, Derek Witmer, Ken Pimlott, and Mike Mathiesen (collectively “Defendants”). Dkt. No. 16 (“Mot.”). Defendants move to dismiss the complaint filed by Plaintiff Daniel Clark (“Plaintiff”), Dkt. No. 1 (“Compl.”), for failure to state a claim upon which relief can be granted under Federal Rule of Civil Procedure 12(b)(6). Plaintiff has filed an opposition, Dkt. No. 17 (“Opp.”), and Defendants have replied, Dkt. No. 18 (“Reply”).

Under Federal Rule of Civil Procedure 78(b) and Civil Local Rule 7-1 (b), the Court finds that this motion is suitable for disposition without oral argument. For the reasons set forth below, the Court GRANTS Defendant’s motion to dismiss. Plaintiff’s claims are DISMISSED WITH PREJUDICE except for his claims for breach of contract and defamation against the individual Defendants, which are DISMISSED WITH LEAVE TO AMEND.

I. BACKGROUND

A. Factual Allegations

This unusual case involves…

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