Delacruz v. Tanimura & Antle, Inc. et al

Filing 53

ORDER by Magistrate Judge Virginia K. DeMarchi re 40 TAI Defendants' Motion to Dismiss First Amended Complaint. (vkdlc2, COURT STAFF) (Filed on 5/9/2024)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 SAN JOSE DIVISION 7 8 DANIEL DELACRUZ, Plaintiff, 9 10 United States District Court Northern District of California 11 12 Case No. 23-cv-03034-VKD v. TANIMURA & ANTLE, INC., et al., Defendants. ORDER RE TAI DEFENDANTS' MOTION TO DISMISS FIRST AMENDED COMPLAINT Re: Dkt. No. 40 13 14 Plaintiff Daniel Delacruz, who is representing himself, filed this action against defendants 15 Tanimura & Antle, Inc. (“TAI”), Mike Antle, and Carmen Ponce (collectively, “TAI defendants”) 16 and Claudia Quirarte, asserting, among other things, unlawful disability discrimination under the 17 Americans with Disabilities Act (“ADA”). Dkt. No. 1. On prior motions filed by Ms. Quirarte 18 and the TAI defendants, the Court dismissed Mr. Delacruz’s complaint, with leave to amend only 19 as to the ADA claim against Ms. Quirarte. With respect to the TAI defendants, the Court 20 dismissed all of Mr. Delacruz’s federal claims without leave to amend, and dismissed his state law 21 claims without prejudice. See Dkt. Nos. 28, 29. 22 Mr. Delacruz filed a first amended complaint (“FAC”) in which he asserts only state law 23 claims against the TAI defendants—namely, a claim for violation of his privacy rights under 24 Article I, § 1 of the California Constitution (claim 3) and for breach of contract/“[o]rder to [s]how 25 [c]ause [r]e [s]pecific [p]erformance and [i]njunctive [r]elief” (claim 4). Dkt. No. 34. The TAI 26 defendants move to dismiss the FAC pursuant to Rule 12(b)(1) and Rule 12(b)(6). Dkt. No. 40. 27 In a separately filed order on Ms. Quirarte’s motion to dismiss the FAC, the Court has dismissed 28 all of Mr. Delacruz’s federal claims, with limited leave to amend, and declined to exercise 1 jurisdiction over any state law claims for relief. Inasmuch as the FAC asserts only state law 2 claims against the TAI defendants, the Court dismisses those claims without prejudice either to 3 (1) re-filing those claims against those defendants in the appropriate state court or (2) reasserting 4 them in a Second Amended Complaint in this Court, but only to the extent that Mr. Delacruz 5 believes he can adequately plead a federal claim for relief, consistent with the limited scope of 6 leave to amend as stated in the Court’s order on Ms. Quirarte’s motion to dismiss the FAC. 7 8 IT IS SO ORDERED. Dated: May 9, 2024 9 10 Virginia K. DeMarchi United States Magistrate Judge United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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