Depree
Depree v. Jungwirth
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 9
SCOTT DEPREE, No. 2:22-cv-01462-TLN-DMC
Plaintiff, v. ORDER JERRY A. JUNGWIRTH II, et al., 15 Defendants.
17 This matter is before the Court on Defendants Jerry A. Jungwirth II (“Jungwirth”), Richard Knox (“Knox”), Eric Patterson (“Patterson”), and County of Tehama’s (“County”) (collectively, “Defendants”) Motion to Dismiss. (ECF No. 7.) Plaintiff Scott Depree (“Plaintiff”) filed an opposition. (ECF No. 10.) Defendants filed a reply. (ECF No. 12.) For the reasons set forth below, the Court hereby GRANTS in part and DENIES in part Defendants’ motion. /// /// /// /// /// /// I. FACTUAL AND PROCEDURAL BACKGROUND On May 16, 2018, Deputy Jungwirth observed what he believed to be a marijuana cultivation on Plaintiff’s property located at Ridgeline Court in Cottonwood, California. (ECF No. 1 at 5.) On May 21, 2018, Deputy Jungwirth issued a Notice of Violation and Proposed Administrative Penalty,…