Daniels

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 7 PAUL S. DANIELS, et al., Case No. 19-cv-00602-JSC

Plaintiffs,

ORDER RE: DEFENDANTS’ MOTION

v. TO DISMISS AND STRIKE FIRST

AMENDED COMPLAINT

ALAMEDA COUNTY, et al., Re: Dkt. No. 54 Defendants.

13 Paul Daniels and Nanette Dillard allege that they were prosecuted by the Alameda County District Attorneys’ Office in retaliation for exercising their First Amendment rights. The Court previously granted Defendants’ motion to dismiss Plaintiffs’ Section 1983 malicious and retaliatory prosecution claim because Plaintiffs had not plausibly alleged that each defendant caused Plaintiffs’ prosecution or that there was an absence of probable cause for their prosecution. (Dkt. No. 48.) In response to Plaintiffs’ First Amended Complaint, Defendants have again moved to dismiss under Federal Rule of Civil Procedure 12(b)(6) and to strike the state law claims under California Code of Civil Procedure § 425.16, the anti-Strategic Lawsuits Against Public …