Shin

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

GABRIEL SHIN, Case No. 23-cv-00456-VC

Plaintiff,

GRANTING IN PART AND DENYING

v. IN PART THE MOTION TO DISMISS;

DENYING THE MOTIONS TO

JEANINE NICHOLSON, et al., STRIKE Defendants. Re: Dkt. No.

The motion to dismiss is granted regarding the third (negligence), twelfth (racial discrimination, § 1981), and thirteenth (racial discrimination, § 1983) causes of action. The motion to dismiss is denied regarding the first (battery), second (assault), and fourteenth (intentional infliction of emotional distress) causes of action. The motion to dismiss is partially granted regarding the tenth (harassment) cause of action—the complaint states a claim for disability harassment against some defendants but not for racial harassment. The motion to strike the punitive damages allegations is denied, as is the Anti-SLAPP motion to strike a series of allegations related to the conduct of fire department officials in the wake of the alleged attack. This ruling assumes the reader is familiar with the facts, the applicable legal standard, and the arguments made by the…