Harper

Harper v. City of San Jose

Good Law
United States District Court, Northern District of CaliforniaDecember 10, 20215:21-cv-00519California1,910 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 6 TIMOTHY HARPER, Case No. 21-cv-00519-BLF

Plaintiff,

ORDER GRANTING IN PART AND

v. DENYING IN PART MOTION TO

DISMISS WITH LEAVE TO AMEND

CITY OF SAN JOSE, et al., IN PART Defendants. [Re: ECF No. 20]

12 Before the Court is a partial motion to dismiss filed by Defendants City of San Jose, Edgardo Garcia, Jason Dwyer, Christopher Sciba, and Jared Yuen. ECF No. 20 (“Motion”); see also ECF No. 28 (“Reply”). Plaintiff Timothy Harper opposes the Motion. ECF No. 21. For the reasons stated on the record at the hearing on December 9, 2021, and briefly explained below, the Motion is GRANTED IN PART with leave to amend in part and DENIED IN PART. “A motion to dismiss under Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim upon which relief can be granted ‘tests the legal sufficiency of a claim.’” Conservation Force v. Salazar, 646 F.3d 1240,…

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