Yates v. West Contra Costa Unified School District

Filing 82

Order by Magistrate Judge Maria-Elena James denying 80 Motion for Reconsideration re 76 Order on Motion to Dismiss, filed by Fernando Yates.(mejlc3, COURT STAFF) (Filed on 2/22/2017) (Additional attachment(s) added on 2/22/2017: # 1 Certificate/Proof of Service) (rmm2S, COURT STAFF).

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 FERNANDO YATES, Case No. 16-cv-01077-MEJ Plaintiff, 8 ORDER DENYING MOTION FOR RECONSIDERATION v. 9 10 WEST CONTRA COSTA UNIFIED SCHOOL DISTRICT, Defendant. United States District Court Northern District of California 11 12 Re: Dkt. No. 80 Plaintiff Fernando Yates has not sued any individuals in this case; the only defendant in 13 this action is a governmental entity. Acts by Mr. Luongo, Mr. Wittemore, and Ms. Cotton cannot 14 give rise to punitive damages against West Contra Costa Unified School District here because 15 “[p]unitive damages are not available against a governmental entity in California under the 16 statutes that form the basis of Plaintiff’s claims.” See Order at 1 (citing cases), Dkt. No. 76. 17 18 19 Plaintiff’s Motion for Reconsideration (Dkt. No. 80) and addendum thereto (Dkt. No. 81) are DENIED. IT IS SO ORDERED. 20 21 22 23 24 25 26 27 28 Dated: February 22, 2017 ______________________________________ MARIA-ELENA JAMES United States Magistrate Judge

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