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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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DANIEL DELACRUZ,
Plaintiff,

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United States District Court
Northern District of California

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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

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Plaintiff Daniel Delacruz, who is representing himself, filed this action against defendants

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Tanimura & Antle, Inc. (“TAI”), Mike Antle, and Carmen Ponce (collectively, “TAI defendants”)

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and Claudia Quirarte, asserting, among other things, unlawful disability discrimination under the

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Americans with Disabilities Act (“ADA”). Dkt. No. 1. On prior motions filed by Ms. Quirarte

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and the TAI defendants, the Court dismissed Mr. Delacruz’s complaint, with leave to amend only

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as to the ADA claim against Ms. Quirarte. With respect to the TAI defendants, the Court

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dismissed all of Mr. Delacruz’s federal claims without leave to amend, and dismissed his state law

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claims without prejudice. See Dkt. Nos. 28, 29.

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Mr. Delacruz filed a first amended complaint (“FAC”) in which he asserts only state law

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claims against the TAI defendants—namely, a claim for violation of his privacy rights under

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Article I, § 1 of the California Constitution (claim 3) and for breach of contract/“[o]rder to [s]how

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[c]ause [r]e [s]pecific [p]erformance and [i]njunctive [r]elief” (claim 4). Dkt. No. 34. The TAI

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defendants move to dismiss the FAC pursuant to Rule 12(b)(1) and Rule 12(b)(6). Dkt. No. 40.

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In a separately filed order on Ms. Quirarte’s motion to dismiss the FAC, the Court has dismissed

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all of Mr. Delacruz’s federal claims, with limited leave to amend, and declined to exercise

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jurisdiction over any state law claims for relief. Inasmuch as the FAC asserts only state law

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claims against the TAI defendants, the Court dismisses those claims without prejudice either to

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(1) re-filing those claims against those defendants in the appropriate state court or (2) reasserting

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them in a Second Amended Complaint in this Court, but only to the extent that Mr. Delacruz

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believes he can adequately plead a federal claim for relief, consistent with the limited scope of

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leave to amend as stated in the Court’s order on Ms. Quirarte’s motion to dismiss the FAC.

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IT IS SO ORDERED.
Dated: May 9, 2024

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Virginia K. DeMarchi
United States Magistrate Judge

United States District Court
Northern District of California

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