Hodge v. Sunset Scavenger Company et al

Filing 15

ORDER by Judge Hamilton granting in part and denying in part 5 Motion to Dismiss (pjhlc2, COURT STAFF) (Filed on 6/22/2012)

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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FORREST WAYNE HODGE,

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Plaintiff,

No. C 12-1852 PJH

v.

ORDER RE MOTION TO DISMISS
THIRD CAUSE OF ACTION

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SUNSET SCAVENGER COMPANY, et al.,
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Defendants.
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Defendant Sunset Scavenger Company’s motion to dismiss came on for hearing
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before this court on June 20, 2012. Plaintiff Forest Wayne Hodge (“plaintiff”) appeared
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through his counsel, Dow Patten. Defendant Sunset Scavenger Company (“defendant”)
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appeared through its counsel, Soo Cho. Having read the papers filed in conjunction with
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the motion and carefully considered the arguments and the relevant legal authority, and
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good cause appearing, the court hereby DENIES defendant’s motion to dismiss plaintiff’s
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third cause of action to the extent that it seeks dismissal without leave to amend, but
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GRANTS defendant’s motion to dismiss with leave to amend, for the reasons stated at the
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hearing, and summarized as follows.
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Defendant moved to dismiss plaintiff’s third cause of action (for wrongful termination
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in violation of public policy) without leave to amend, as barred by California’s two-year
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statute of limitations. The court does not find persuasive defendant’s argument that
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equitable tolling does not apply in this case as a matter of law, and declines to find that
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plaintiff’s third cause of action is time-barred. However, the court does find that plaintiff’s
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first amended complaint lacks detail as to the factual basis for the application of equitable
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tolling, and thus dismisses the third cause of action with leave to amend to cure that
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deficiency. No additional claims or parties may be added without leave of court. The

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second amended complaint shall be filed by July 11, 2012, and defendant shall file its

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answer by August 1, 2012.

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IT IS SO ORDERED.

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Dated: June 22, 2012

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______________________________
PHYLLIS J. HAMILTON
United States District Judge