McCullough
McCullough v. California Department of Developmental Services
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 LUGENE MCCULLOUGH, et al., Case No. 20-cv-02958-SI
Plaintiffs,
ORDER DENYING MOTION TO
v. DISMISS
CALIFORNIA DEPARTMENT OF Re: Dkt. No. 23 DEVELOPMENTAL SERVICES, et al., 11 Defendants. 12 On September 18, 2020, the Court held oral argument on the motion to dismiss the First Amended Complaint (FAC) brought by the California Department of Developmental Services (“DDS”) and Nancy Bargmann (collectively, “Defendants”). Dkt. Nos. 23 (Motion to Dismiss) and 35 (Minutes re Hearing on Motion to Dismiss). Having considered the arguments made during the hearing as well as those submitted in their papers, the Court hereby DENIES the motion in its entirety. Defendants argue plaintiffs’ complaint must be dismissed because the FAC fails to establish standing and fails as a matter of law. Specifically, defendants argue the FAC does not establish the traceability or redressability requirements of standing and fails as a matter of law …