Yates v. West Contra Costa Unified School District

Filing 76

ORDER by Judge Maria-Elena James granting 67 Motion to Dismiss prayer for punitive damages. Defendant's answer due by 2/24/2017. (mejlc3, COURT STAFF) (Filed on 2/10/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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FERNANDO YATES,

Case No. 16-cv-01077-MEJ

Plaintiff,
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ORDER GRANTING DEFENDANT'S
MOTION TO DISMISS PRAYER FOR
PUNITIVE DAMAGES

v.
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WEST CONTRA COSTA UNIFIED
SCHOOL DISTRICT,

Re: Dkt. No. 67

Defendant.

United States District Court
Northern District of California

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Plaintiff Fernando Yates asserts claims under the Americans with Disabilities Act and Title

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VII of the Civil Rights Act of 1964 against one Defendant: West Contra Costa Unified School

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District (“Defendant”). See Second Am. Compl. (“SAC”), Dkt. No. 52. Defendant moves to

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dismiss Plaintiff’s prayer for punitive damages on the ground that Defendant is a public entity.

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Mot., Dkt. No. 67.

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Punitive damages are not available against a governmental entity in California under the

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statutes that form the basis of Plaintiff’s claims. See Guess v. Contra Costa Cmty. Coll. Dist.,

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2016 WL 5930628, at *9 (N.D. Cal. Oct. 12, 2016) (“[P]unitive damages are not available against

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a public entity.”) (citing Cal. Gov’t Code § 818; Westlands Water Dist. v. Amoco Chem. Co., 953

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F.2d 1109, 1113 (9th Cir. 1991); 42 U.S.C. § 1981a(b)(1) (punitive damages not available against

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public entity under Title VII)); Lopez v. Cty. of Los Angeles, 2016 WL 54123, at *2 (N.D. Cal.

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Jan. 5, 2016) (“[P]unitive damages are not available against public entities, though they are

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available against individuals”); Leglu v. Cty. of Santa Clara, 2014 WL 4100599, at *13 (N.D. Cal.

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Aug. 20, 2014) (barring Plaintiff in Title VII case from recovering punitive damages pursuant to

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Cal. Gov’t Code § 818).

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The Court according GRANTS Defendant’s Motion to dismiss Plaintiff’s request for
punitive damages.

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Defendant shall answer the SAC no later than February 24, 2017.

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IT IS SO ORDERED.

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Dated: February 10, 2017
______________________________________
MARIA-ELENA JAMES
United States Magistrate Judge

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United States District Court
Northern District of California

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