Malberg

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 6 MARTIN MALBERG, Case No. 22-cv-01788-BLF

Plaintiff,

ORDER GRANTING MOTION TO

v. DISMISS

ROBERT CASHEN, et al., [Re: ECF No. 11] Defendants.

12 Plaintiff Martin Malberg (“Plaintiff”) brings this action pro se against Defendants Robert Cashen, Allison Dundas, and Christine Guerra (collectively, “Defendants”), who represented Plaintiff’s wife during their divorce proceedings in state court, as well as Temo Gonzalez, the police officer who enforced the restraining order Plaintiff’s wife obtained against him. Plaintiff alleges that Defendants violated his First Amendment rights by seeking—on behalf of his wife— an allegedly unconstitutional restraining order against him. Defendants move to dismiss Plaintiff’s Complaint under Rule 12(b)(6) (“Motion”), raising several arguments for dismissal. Defs.’ Mot. Dismiss, ECF No. 11. For the reasons set forth below, the…