Kyle Zoellner v. Eric Losey

Good Law
United States District Court, Northern District of CaliforniaMarch 10, 20233:18-cv-04471California3,347 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 KYLE CHRISTOPHER ZOELLNER, Case No. 18-cv-04471-JSC

Plaintiff,

ORDER RE: MOTION FOR

v. JUDGMENT ON THE PLEADINGS

CITY OF ARCATA, et al., Re: Dkt. No. 412 Defendants.

12 Before the Court is Defendants’ motion for judgment on the pleadings as to the single claim remaining in Mr. Zoellner’s fifth amended complaint (“5AC”). (Dkt. No. 412.) Having carefully considered the briefing, the Court concludes that oral argument is unnecessary, see N.D. Cal. Civ. L.R. 7-1(b), VACATES the March 16, 2023 hearing, and GRANTS the motion. Mr. Zoellner’s claim is barred by California’s litigation privilege as a matter of law. BACKGROUND The operative 5AC asserts nine claims and names 11 Defendants. (Dkt. No. 106.) In April 2021, the district judge then presiding over the case granted in part and denied in part Defendants’ motion to dismiss the 5AC. (Dkt. No. 131.) As relevant here, the district judge denied the…

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