Estate of Leonard Brown v. Alameda County

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

ESTATE OF LEONARD BROWN, et al., Case No. 22-cv-05457-VC

Plaintiffs,

ORDER RE MOTION TO STRIKE

v. Re: Dkt. No. 23 ALAMEDA COUNTY, et al., Defendants.

The motion to strike is granted in part and denied in part. The plaintiffs move to strike the County Defendants’ fourth, sixth, and seventh affirmative defenses. The County Defendants have agreed to withdraw the seventh affirmative defense, so only the fourth and sixth defenses are at issue. Dkt. No. 27 at 2. The fourth affirmative defense raises certain California Government Code immunities to the state law claims. The County Defendants concede that the immunities they’ve identified are not available to all the County Defendants, but they have not identified which immunities each defendant is asserting. Dkt. No. 27 at 8. “A plaintiff should not have to guess at who is asserting a defense or to which claim a defense applies.” Neylon v. County of Inyo, No. 1:16-CV-0712 AWI JLT, 2017 WL 3670925, at *10 (E.D. Cal. Aug. 25, 2017). And without clearly delineating which immunities each defendant is asserting, it is impossible to tell whether the defendants have identified…