Knuth

Knuth v. Resch

Good Law
United States District Court, Northern District of CaliforniaFebruary 16, 20223:22-cv-00338California1,645 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 KERRY KNUTH, Case No. 22-cv-00338-TSH

Plaintiff,

ORDER GRANTING IN PART AND

v. DENYING IN PART MOTION TO

DISMISS

MARTIN RESCH, Re: Dkt. No. 14 Defendant.

12 I. INTRODUCTION Kerry Knuth brings this case against her ex-husband, Martin Resch, for damages arising from the alleged tortious transmission of a sexually transmitted disease. Resch now moves to dismiss Knuth’s negligence per se and intentional infliction of emotional distress claims pursuant to Federal Rule of Civil Procedure 12(b)(6). ECF No. 14. Knuth filed an Opposition (ECF No. 17) and Resch filed a Reply (ECF No. 18). The Court finds this matter suitable for disposition without oral argument and VACATES the March 10, 2022 hearing. See Civ. L.R. 7-1(b). Having considered the parties’ positions, relevant legal authority, and the record in this case, the Court GRANTS IN PART and DENIES IN PART Resch’s motion for the following…

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