Holt

Holt v. Simmons

Good Law
United States District Court, Southern District of CaliforniaNovember 29, 20233:23-cv-01618California829 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA Berdalia HOLT, Case No.: 23-cv-1618-AGS-WVG Plaintiff, ORDER GRANTING IN PART AND

DENYING IN PART UNOPPOSED

v.

MOTION TO DISMISS (ECF 16)

Erika SIMMONS, et al., Defendants. 8 Defendants Doris Coronel and San Diego Unified School District request that this case be dismissed or the service on them be quashed for being insufficient. They also request that plaintiff Berdalia Holt be required to provide a more definite statement. Because the service was insufficient, it is quashed. But the request for a more definite statement is denied. Rule 4 requires that a summons be served on each defendant “with a copy of the complaint.” Fed. R. Civ. P. 4(c)(1). “Rule 4 is a flexible rule that should be liberally construed so long as a party receives sufficient notice of the complaint.” Crowley v. Bannister, 734 F.3d 967, 975 (9th Cir. 2013). “However, neither actual notice, nor simply naming the person in the caption of the complaint, will subject…

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