Free Motion to Dismiss - District Court of California - California

Case 3:07-cv-02320-JM-AJB

Document 11

Filed 01/11/2008

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EDMUND G. BROWN JR., Attorney General of the State of California JOHN A. SAURENMAN, Supervising Deputy Attorney General CHRISTINA BULL ARNDT, (State Bar No. 175403) Deputy Attorney General 300 South Spring Street, Suite 1702 Los Angeles, California 90013-1204 Telephone: (213) 897-8964 Facsimile: (213) 897-2801 Email: [email protected] Attorneys for Defendant State of California, acting by and through the California State Lands Commission UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF CALIFORNIA ANIMAL PROTECTION AND RESCUE ) LEAGUE, a nonprofit corporation, and ) DOROTA VALLI, an individual, ) ) Plaintiffs, ) ) v. ) ) THE STATE OF CALIFORNIA, THE ) CITY OF SAN DIEGO DEPARTMENT ) OF PARKS AND RECREATION, ) MAYOR JERRY SANDERS, and DOES 1 ) TO 100, ) ) Defendants. ) __________________________________ ) CASE NO. 07 CV 2320 JM AJB DEFENDANT THE STATE OF CALIFORNIA'S SECOND AMENDED NOTICE OF MOTION AND MOTION TO DISMISS COMPLAINT Date: March 7, 2008 Time: 1:30 p.m. Ctrm: 16

TO ALL PARTIES AND THEIR COUNSEL OF RECORD: PLEASE TAKE NOTICE that the Motion to Dismiss previously noticed to be heard on February 29, 2008 by Defendant the State of California will be heard on March 7, 2008 at 1:30 p.m. or as soon thereafter as counsel may be heard in Courtroom 16 of the above-entitled court, located at 940 Front Street, San Diego, California. Defendant's motion to dismiss is made pursuant to Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim upon which relief may be granted. This motion is made on the grounds that there is no actual controversy against the State of California,
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Case 3:07-cv-02320-JM-AJB

Document 11

Filed 01/11/2008

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the matter is unripe for adjudication, and the State is not a necessary party under the facts as currently pled. This motion is based on this Notice of Motion, the previously-filed Memorandum of Points and Authorities and Request for Judicial Notice, the pleadings and records on file herein, and such other matters as may be presented at the hearing. Dated: January 11, 2008 Respectfully submitted, EDMUND G. BROWN JR, Attorney General of the State of California JOHN A. SAURENMAN, Supervising Deputy Attorney General CHRISTINA BULL ARNDT, Deputy Attorney General By: s/Christina Bull Arndt CHRISTINA BULL ARNDT Attorneys for Defendant the State of California, acting by and through the California State Lands Commission E-mail: [email protected]

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