Oster
Oster v. Santa Clara County District Attorney's Office
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 5 BRENT OSTER, Case No. 20-cv-01125-JD
Plaintiff,
ORDER RE DISMISSAL
v.
SANTA CLARA COUNTY DISTRICT ATTORNEY'S OFFICE, et al., 10 Defendants.
12 Pro se plaintiff Brent Oster sued the County of Santa Clara and several District Attorneys 13 for the County of Santa Clara (the County), and the City of Gilroy and the Gilroy Chief of Police (the City), in state court for negligence, prosecutorial misconduct, and fraud. See Dkt. No. 1-2.1 15 Oster alleges that the defendants maliciously prosecuted him for domestic violence charges 16 following his divorce. Id. at 1. The County removed the action to federal court, without 17 opposition, on the basis of 28 U.S.C. § 1331 in light of the claims brought under 42 U.S.C. §§ 18 1983 and 12132. Dkt. No. 1 ¶¶ 6-8, 12; Dkt. No. 1-2 ¶ 1. 19 The County and City made separate requests to dismiss Oster’s claims under Federal Rule 20 of Civil Procedure 12(b)(6). Dkt. Nos. 7, 8. Before Oster responded, the City filed another 21 motion to dismiss under Federal Rule of Civil…