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Cal Attorney Motion to Dismiss and MPA

Cal Attorney Motion to Dismiss and MPA

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Published by Michael Ginsborg
California Attorney General's Motion to Dismiss in Smelt v. United States of America (C.D.Cal. Case No. 8:2009-cv-00286), filed 06/11/09
posted at http://prop8legalcommentary.blogspot.com/
California Attorney General's Motion to Dismiss in Smelt v. United States of America (C.D.Cal. Case No. 8:2009-cv-00286), filed 06/11/09
posted at http://prop8legalcommentary.blogspot.com/

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Categories:Types, Research, Law
Published by: Michael Ginsborg on Jun 13, 2009
Copyright:Attribution Non-commercial

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06/15/2009

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se 8:09-ca/-00286-DOC-NALG
Document 1
Filed 00/11/2009
Page 1 of 3
EDMUND
G.
BROWN JR.
Attorney General of California
JONATHAN
K.
RENNER
Senior Assistant Attorney General
STEPHEN
P
ACQUISTO
Supervising Deputy Attorney General
MARK
R.
BECICINGTON
Deputy Attorney General
State Bar No. 126009300 South Spring Street, Suite 1702
Los Angeles, CA 90013
Telephone: (213) 897-1096
Fax: (213) 897-11371
E-mail: Mark.Becicington@doj.ca.sov
Attorneys for Defendant State of California
IN THE UNITED STATES DISTRICT COURTFOR THE CENTRAL DISTRICT OF CALIFORNIA
Case No. SACV-09-286 DOC (MLGx)
NOTICE OF MOTION AND
MOTION TO DISMISS ACTION
AGAINST DEFENDANT STATE OF
CALIFORNIA FOR FAILURE TO
STATE A CLAIM
[Fed. R. Civ. P. 12(b)(6)]
July
13, 2009
8:30 a.m.
91)
The Hon. David 0. Carter
None
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ARTHUR SMELT ANDCHRISTOPHER HAMMER,
Plaintiff,
V.
UNITED STATES OF AMERICA,
STATE OF CALIFORNIA, andDOES 1 through 1,000, Inclusive,
Defendant.
Date:
Time:
Ctun.Judge:
Trial Date:
 
Case 8:09-cv400286-DOC-NALG
Document 21
Filed 06/11/2009
Rage 2 of 3
PLEASE TAICE NOTICE that on July 13, 2009 at 8:30 a.m., or as soonthereafter as the matter may be heard, in Courtroom 9D of the above-entitled court,located at 411 W. Fourth Street, Santa Ana, California, Defendant State ofCalifornia shall move, and hereby does move, the court for an order dismissing theaction against the State of California pursuant to Fed. R. Civ. Pro. 12(b)(6).This motion is made on the ground that the complaint fails to state a claimupon which relief can be granted against the State of California because plaintiffsArthur Smelt and Christopher Hammer lack standing to bring suit against the Statefor any relief sought in the complaint.This motion is made following the conference of counsel pursuant to L.R. 7-3 which took place on June 1, 2009.The motion shall be based upon this notice of motion, the supportingmemorandum of points and authorities, the request for judicial notice, the pleadingsand papers on file in this action, and upon such further evidence and argument asmay be offered at the time of the hearing.
Dated: June 11, 2009
espectfully submitted,
EDMUND
G.
BROWN JR.
Attorney General of California
JONATHAN
K.
RENNER
Senior Assistant Attorney General
STEPHEN
P.
ACQUISTO
Supervising Deputy Attorney General/s/ Mark R. Beckington
MARK
R.
BECKINGTON
Deputy Attorney General
Attorneys forExecutzve Programs - Civil Legal
Services
SA2009308119
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Case 0 ,v- 0286-00C-MLG
ocumer t 21
iled 06/11/2009 Page 3 of 3
CERTIFICATE OF SERVICE
Case Name: Arthur Smelt and Christopher
No. Case No. SACV-09-286 DOCHammer v. United States and
(MLGx)
State of California
I hereby certify that on June 11, 2009, I electronically filed the following documents with the
Clerk of the Court by using the CM/ECF system:
NOTICE OF MOTION AND MOTION TO DISMISS ACTION AGAINST DEFENDANT
STATE OF CALIFORNIA FOR FAILURE TO STATE
A CLAIM [Fed. R. Civ. P.
12(b)(6)1
Participants in the case who are registered CM/ECF users will be served by the CM/ECF system.further certify that some of the participants in the case are not registered CM/ECF users. OnJune 11, 2009, I have mailed the foregoing document(s) by First-Class Mail, postage prepaid, orhave dispatched it to a third party commercial carrier for delivery within three (3) calendar days
to the following non-CM/ECF participants:
Richard C. GilbertLaw Offices of Gilbert
8z
Marlowe
950 West Seventeenth Street, Suite D & E
Santa Ma, CA 92706-3573
James A Campbell
Alliance Defense Fund
15100 North 90th Street
Scottsdale, AZ 85260
Sam Kim
Sam Kim & Associates5661 Beach BlvdBuena Park, CA 90621Brian W RaumAlliance Defense Fund
15100 North 90th Street
Scottsdale, AZ 85260I declare under penalty of perjury under the laws of the State of California the foregoing is trueand correct and that this declaration was executed on June 11, 2009, at Los Angeles, California.
Rosa Michel
/s/ Rosa Michel
Declarant
Signature
50431807.doc

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