Free Order on Motion to Dismiss - District Court of California - California

Case 4:08-cv-03332-CW

Document 19

Filed 08/26/2008

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1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Defendants. / Defendants Deere & Company and United Rentals Inc. have each filed a motion to dismiss Plaintiff Juanna Sanchez's claims based on the alleged wrongful death of Jesus Samaguey. In the complaint, v. UNITED RENTALS, INC.; and DEERE & COMPANY, IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA JUANNA SANCHEZ; JUANNA SANCHEZ (as Guardian ad Litem for minor SUSANA SAMAGUEY); SANDRA SAMAGUEY; JUAN JESUS SAMAGUEY; GUILLERMINA ANDREA; and THE ESTATE OF JESUS SAMAGUEY, Plaintiffs,

No. C 08-3332 CW ORDER GRANTING DEFENDANTS' UNOPPOSED MOTIONS TO DISMISS

Plaintiffs allege that Sanchez brings her claims as decedent's common law wife. Defendants argue that this allegation is

insufficient to establish that Sanchez has standing to pursue her claims because California does not recognize common law marriages. Plaintiffs have filed a statement of non-opposition. Having

considered the parties' papers and good causing appearing therefor, the Court hereby GRANTS Defendants' motions to dismiss (Docket Nos. 8, 11). The hearing previously scheduled for September 4, 2008 is A case management conference will be held as

hereby VACATED.

Case 4:08-cv-03332-CW

Document 19

Filed 08/26/2008

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1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

previously scheduled on October 21, 2008 at 2:00 PM.

A joint Case

Management Statement will be due seven days prior to the conference. IT IS SO ORDERED. 8/26/08 Dated: ________________________ CLAUDIA WILKEN United States District Judge

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