Navarrette

Navarrette v. 5 - Keys Charter School

Good Law
United States District Court, Northern District of CaliforniaApril 23, 20214:20-cv-02579California435 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

TOMAS NAVARRETTE, Case No. 20-cv-02579-PJH Plaintiff,

v. ORDER GRANTING DISMISSAL OF

DEFENDANT CALIFORNIA

5 - KEYS CHARTER SCHOOL, et al., DEPARTMENT OF

TRANSPORTATION

Defendants. Re: Dkt. Nos. 48, 52

13 Before the court is defendant California Department of Transportation’s (“Caltrans”) motion to dismiss plaintiff’s first amended complaint. Dkt. 48. Plaintiff filed a response to the motion stating that he “has no objection” to the dismissal of Caltrans from the case. Dkt. 22. Having read the parties’ papers and carefully considered their arguments and the relevant legal authority, and good cause appearing, the court hereby rules as follows. A motion to dismiss under Federal Rule of Civil Procedure 12(b)(6) tests for the legal sufficiency of the claims alleged in the complaint. Ileto v. Glock, 349 F.3d 1191, 1199-1200 (9th Cir. 2003). Under Federal Rule of Civil Procedure 8, which requires that a complaint include a…

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