Richter

Richter v. Ausmus

Good Law
United States District Court, Northern District of CaliforniaApril 6, 20233:19-cv-08300-WHOCalifornia6,981 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 JULIA RICHTER, Case No. 19-cv-08300-WHO

Plaintiff,

ORDER ON MOTIONS FOR

v. SUMMARY JUDGMENT AND TO

DISMISS

LISA AUSMUS, et al., Re: Dkt. Nos. 105, 164, 167 Defendants.

Defendants’ motion to dismiss and cross-motion for summary judgment are GRANTED in part and DENIED in part. Plaintiff Julia Richter’s motion for summary judgment is DENIED. For the reasons explained below, the only claims remaining in this case are Richter’s 42 U.S.C. section 1983 claims for denial of procedural due process and violation of the Takings Clause; both are based on the defendants’ apparent delay in processing her industrial disability retirement (“IDR”) application. As noted below, the only damages that appear to be at issue – based on Richter’s often-amended pleadings – are interest from the last day she was on the City of Oakland’s payroll (around March 28, 2020) through the date her IDR benefits were granted (in January 2023) and perhaps some limited…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.