Capolupo
Capolupo v. Eills
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA EUREKA DIVISION 7 CARRIE ANN CAPOLUPO, Case No. 18-cv-07458-RMI
Plaintiff,
ORDER ON DEFENDANT
v. HUMBOLDT COUNTY’S MOTION TO
DISMISS PLAINTIFF’S THIRD
COUNTY OF HUMBOLDT, et al., AMENDED COMPLAINT Defendants. Re: Dkt. No.
13 Now pending before the court is a Motion (dkt. 64) filed by Defendant Humboldt County (“County”) seeking dismissal from Plaintiff’s Third Amended Complaint (“TAC”) (dkt. 62). On February 25, 2019, the matter came to be heard at oral argument (dkts. 65, 66), following which Plaintiff was given leave to file a post-hearing brief in opposition (dkt. 67), to which the County has filed a reply brief (dkt. 80). For the reasons stated below, the County’s request for a dismissal is granted in part, denied in part. BACKGROUND Plaintiff’s claim against the County was previously dismissed with prejudice from the Second Amended Complaint…