Sandoval et al v. City of Watsonville

Filing 64

STIPULATION AND ORDER re 61 Dismissing State Law Causes of Action Against Roy Morales. Signed by Magistrate Judge Howard R. Lloyd on 5/14/2014. (hrllc1, COURT STAFF) (Filed on 5/14/2014)

*E-Filed: May 14, 2014*
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DANA McRAE, State Bar No. 142231
County Counsel, County of Santa Cruz
JORDAN SHEINBAUM, State Bar No. 190598
Assistant County Counsel
Office of the Santa Cruz County Counsel
701 Ocean Street, Room 505
Santa Cruz, California 95060
Telephone: [phone]
Fax: [phone]

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Attorneys for Defendant Roy Morales

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MARIA SANDOVAL AND OMAR
SANDOVAL
Plaintiff,

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v.

Case No. CV13-01909-HRL
PLAINTIFFS’ REQUEST AND
STIPULATION FOR AN ORDER
DISMISSING DEFENDANT ROY MORALES
FROM ENUMERATED CAUSES OF
ACTION; [PROPOSED] ORDER THEREON

CITY OF WATSONVILLE, a municipal
corporation; EDWARD DELFIN,
individually and in his official capacity as
Police Officer for the City of Watsonville;
ROY MORALES, individually and in his
official capacity as a Police Officer for the
City of Watsonville; and DOES 1-25,
inclusive, Individually and in their official
capacities as Police Officers for the City of
Watsonville,

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Defendants.

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Plaintiffs MARIA SANDOVAL AND OMAR SANDOVAL, jointly and severally, hereby
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request dismissal of the following causes of action alleged in their Second Amended Complaint with
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prejudice as against Defendant ROY MORALES, only:
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(1)

Plaintiffs’ Seventh Cause of Action entitled “Violation of California Civil Code §
51.7”;

(2)

Plaintiffs’ Eighth Cause of Action entitled “False Arrest and Imprisonment” ;

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1
Sandoval v. City of Watsonville, et al.
Case No. CV13-01909 HRL

Plaintiffs’ Request and Stipulation Dismissing
Defendant Roy Morales; [Proposed] Order

(3)

Plaintiffs’ Ninth Cause of Action entitled “Intentional Infliction of Emotional
Distress”;

(4)

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Plaintiffs’ Tenth Cause of Action entitled “Assault and Battery”;

(5)

Plaintiffs’ Eleventh Cause of Action entitled “Negligent Infliction of Emotional
Distress”;

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In addition, Plaintiffs’ Sixth and Twelfth causes of action contained in their Second

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Amended Complaint were dismissed with prejudice pursuant to this Court’s Order on Defendant

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ROY MORALES’ notice of motion and motion to dismiss under FRCP 12(b)(6) and Plaintiff

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MARIA SANDOVAL and OMAR SANDOVAL’s Statement of Non-Opposition to same (ECF

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No’s. 47 51, and the Order contained in ECF No. 53).

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Dismissal is requested as indicated herein.
IT IS SO STIPULATED.

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Dated: April 15, 2014

THE LAW OFFICES OF JOHN L. BURRIS
By:

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/s/ DeWitt M. Lacy
DeWitt M. Lacy
Attorneys for Plaintiffs Maria and
Omar Sandoval

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Dated: April 15, 2014

DANA McRAE, COUNTY COUNSEL
By:

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/s/ Jordan Sheinbaum
Jordan Sheinbaum
Assistant County Counsel
Attorneys for Defendant,
Roy Morales.

[PROPOSED] ORDER
GOOD CAUSE APPEARING, THEREFORE, it is hereby ordered that the above referenced
causes of action are dismissed as against Defendant ROY MORALES as reflected hereinabove.

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Dated: May 14, 2014

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___________________________________________
THE HONORABLE HOWARD R. LLOYD
MAGISTRATE JUDGE

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2
Sandoval v. City of Watsonville, et al.
Case No. CV13-01909 HRL

Plaintiffs’ Request and Stipulation Dismissing
Defendant Roy Morales; [Proposed] Order