Nicholas Honchariw v. County of Stanislaus

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

NICHOLAS HONCHARIW, Trustee, Case No. 1:21-cv-00801-SKO Honchariw Family Trust, ORDER DENYING DEFENDANT’S

MOTION TO DISMISS PLAINTIFF’S

Plaintiff, SECOND AMENDED COMPLAINT

v. (Doc. 45)

COUNTY OF STANISLAUS,

Defendant.

15 I. INTRODUCTION Before the Court is Defendant County of Stanislaus’ Motion to Dismiss Plaintiff Nicholas Honchariw’s Second Amended Complaint1 (the “Motion”). (Doc. 35.) On May 30, 2023, Plaintiff filed his opposition (Doc. 48), and Defendant filed its reply on June 5, 2023 (Doc. 49). The hearing set for June 21, 2023, on the Motion was vacated and the matter was taken under submission. (Doc. 50.) Having considered the briefing, and for the reasons set forth below, Defendant’s Motion will be DENIED.

II. FACTUAL AND PROCEDURAL BACKGROUND In considering Defendant’s Motion, the Court accepts as true all of the following factual allegations…