Vellenoweth

Vellenoweth v. City of Napa

Good Law
United States District Court, Northern District of CaliforniaJanuary 3, 20233:22-cv-05779California3,361 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 9 TERRI VELLENOWETH, et al., Case No. 22-cv-05779-RS Plaintiffs, 11 v. ORDER GRANTING MOTION TO DISMISS CITY OF NAPA, et al., 13 Defendants.

15 I. INTRODUCTION Plaintiffs, parents of a man shot to death by City of Napa police, brought suit raising seven claims for relief under 42 U.S.C. § 1983 and various state causes of action. Defendants (City of Napa and individual officers) move to dismiss, arguing Plaintiffs either lack standing to assert claims on the decedent’s behalf, or fail to allege sufficient facts in the Complaint to sustain their claims. Plaintiffs untimely filed an opposition to the motion. Defendants’ motion to dismiss is suitable for disposition without oral argument, pursuant to Civil Local Rule 7-1(b); the hearing set for January 5, 2023 is therefore vacated. For the reasons articulated below, the motion to dismiss—relating to Plaintiffs’ first, second, fifth,…

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