Orlando McQuarters v. Giovanna Borgna

San Francisco, California civil rights lawyers represented Plaintiff who sued Defendant claiming excessive use of force.





On June 22, 2022 Plaintiff filed the instant action against Giovanna Borgna and Does 1-25. ECF No. 1. On December 11, 2022, Plaintiff filed a Motion for Leave to File a First Amended Complaint, which the Court granted on December 29, 2022. ECF Nos. 19, 24. Plaintiff's First Amended Complaint ("FAC”) alleges the following: 1) Violation of Plaintiff's Fourth Amendment Rights (against Defendant Borgna); 2) False Arrest (against Defendants Borgna, Lamphier, Yamashita, and Molina); and 3) Monell[2] Claim (against City of Oakland). ECF No. 24.



On January 12, 2023, Defendants City of Oakland and James Yamashita filed a Motion to Dismiss the FAC. ECF No. 25. On January 20, 2023, the case was reassigned from the undersigned to Judge Chhabria. ECF No. 30. Defendant Alexander Molina filed a Motion to Dismiss the FAC on April 28, 2023. ECF No. 48. On May 8, 2023, Plaintiff filed an Opposition to Molina's Motion and an Amendment to the Opposition. ECF Nos. 51, 52. Molina filed a Reply on May 11, 2023. ECF No. 53. On May 26, 2023, the case was reassigned again for all further proceedings to May 26, 2023. ECF No. 56. The undersigned issued an Order to Show Cause on June 13, 2023 for Plaintiff to show cause why his claims should not be dismissed after Plaintiff failed to file an opposition to Defendants City of Oakland and Yamashita's Motion to Dismiss. ECF No. 58. On June 13, 2023, Defendants City of Oakland and Yamashita filed a new Motion to Dismiss. ECF No. 61. The Court then directed the Clerk of Court to terminate Defendants' January 12, 2023 Motion to Dismiss, as Defendants had re-filed their Motion to Dismiss. ECF No. 62. On June 15, 2023 Plaintiff filed an Opposition to Defendants Yamashita and City of Oakland's Motion to Dismiss. ECF No. 65. Defendants Yamashita and City of Oakland filed a Reply. ECF No. 66.



McQuarters v. Borgna (N.D. Cal. 2023)

For the reasons stated above, the Court GRANTS Defendants Yamashita and Molina's Motions to Dismiss Plaintiff's false arrest claim against them to the extent Plaintiff is alleging integral participation. The Court DENIES Defendants Yamashita and Molina's Motions to Dismiss Plaintiff's false arrest claim against them to the extent Plaintiff is failure to intercede. The Court GRANTS Defendant City of Oakland's Motion to Dismiss Plaintiff's Monell claim against the City of Oakland. The Court GRANTS Plaintiff leave to amend all claims by August 17, 2023.



IT IS SO ORDERED...