Forte v. Hughes et al

Filing 46

ORDER DISMISSING State Tort Claims (Counts 11, 12, 15, 16, and 17) Against Defendant City of Patterson, signed by District Judge Lawrence J. O'Neill on 12/2/14. (Marrujo, C)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT

7

EASTERN DISTRICT OF CALIFORNIA

8
9
10

EUGENE E. FORTE,
Plaintiff,

11
12
13
14
15
16
17
18
19

Case No. 1:13-cv-01980-LJO-SMS

v.
PATTERSON POLICE SERVICES/
STANISLAUS COUNTY DEPUTY
CHIEF TORI HUGHES, STANISLAUS
COUNTY DEPUTY CHRIS SCHWARTZ,
and STANISLAUS COUNTY SHERIFF
ADAM CHRISTIANSON, in their public
and individual capacity; PATTERSON
POLICE SERVICES; PATTERSON
COUNTY SHERIFF'S DEPARTMENT;
CITY OF PATTERSON; PATTERSON
POLICE SERVICES, et al., and DOES 1100,
Defendants.

ORDER DISMISSING STATE
TORT CLAIMS (Counts 11, 12,
15, 16, and 17) AGAINST
DEFENDANT CITY OF PATTERSON

Doc. 43

20
21
22
23

On November 3, 2014, the Court dismissed all state tort claims (counts 7, 8, 9, 10, 11, 12,
13, 14, 15, 16, 17, and 18) against Defendants Stanislaus County, Patterson Police Services, and the

24

Stanislaus County Sheriff's Department since these claims were barred by the applicable statute of

25

limitations set forth in the California Government Claims Act ("CGCA"). As a result, Defendants

26

Stanislaus County, Patterson Police Services, and the Stanislaus County Sheriff's Department were

27
28
1

1
2
3

dismissed from this action. Because Defendant City of Patterson had not yet waived service, the
Court did not dismiss the time-barred claims against it.
On November 5, 2014, contending that it could not have respondeat superior liability for

4

nonexistent claims, the City of Patterson moved to dismiss all time-barred state tort claims against

5

it (counts 11, 12, 15, 16, and 17). Plaintiff Eugene E. Forte did not oppose the motion.

6
7
8
9

Accordingly, for the reasons set forth in this Court's November 3, 2014 order (Doc. 42)
dismissing the state tort claims as untimely, the Court hereby dismisses counts 11, 12, 15, 16, and
17 against Defendant City of Patterson. As a result of dismissing these counts, no claims remain

10

against Defendant City of Patterson, which is hereby dismissed from this action.

11

SO ORDERED
Dated: December 2, 2014

12
13

/s/ Lawrence J. O’Neill
United States District Judge

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2