Gonzalez

Gonzalez v. California Highway Patrol

Good Law
United States District Court, Eastern District of CaliforniaAugust 2, 20211:20-cv-01422California6,829 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ABAD AMILCA SANDOVAL No. 1:20-cv-01422-DAD-JLT

GONZALEZ,

12 Plaintiff, ORDER GRANTING IN PART AND v. DENYING IN PART DEFENDANTS’ MOTION TO DISMISS CALIFORNIA HIGHWAY PATROL, et al., (Doc. No. 5) Defendants. 17 This matter is before the court on a motion to dismiss, to strike, and to quash service brought by defendants California Highway Patrol (“CHP”), CHP Officer Chad Moran, and CHP Commissioner Warren Stanley. Defendants seek to dismiss plaintiff’s complaint pursuant to Rules 12(b)(4) and 12(b)(5) of the Federal Rules of Civil Procedure due to allegedly insufficient process and insufficient service of process. (Doc. No. 5.) In the alternative, defendants request the court: (1) quash service on defendants; (2) pursuant to Rule 12(f) strike the allegations from plaintiff’s complaint seeking punitive damages against defendant CHP and those defendants 25 …

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