Professional Documents
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State Bar Defs’ Notice of Motion and Motion to Dismiss Complaint
Case 2:10-cv-00048-JFW-CW Document 8 Filed 03/15/10 Page 2 of 4
1 under Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6) to dismiss Plaintiff’s
2 Complaint as to all causes of action against the State Bar Defendants.
3 State Bar Defendants will move to dismiss this action on the grounds that, inter
4 alia, the Eleventh Amendment bars Fine’s claims, that the State Bar is not a “person”
5 subject to suit under 42 U.S.C. § 1983 and that the State Bar Defendants enjoy quasi-
6 judicial immunity.
7 The Motion will be based on this Notice of Motion and Motion, the Memorandum
8 of Points and Authorities filed in support thereof, the State Bar’s Request for Judicial
9 Notice, all pleadings in this action and any other documents that are now on file or that
10 may be on file in this action at the time of hearing; and such further evidence and
11 arguments as may be presented at the time of hearing.
12 MOTION TO DISMISS
13 State Bar Defendants move to dismiss the Complaint on the following specific
14 grounds:
15 1. The Eleventh Amendment bars Fine’s claims.
16 2. The State Bar is not a “person” subject to suit under 42 U.S.C. § 1983.
17 3. The State Bar Defendants enjoy quasi-judicial immunity.
18 WHEREFORE, State Bar Defendants pray as follows:
19 1. That the Complaint and each claim for relief alleged therein be dismissed
20 against State Bar Defendants without leave to amend; and,
21 2. That Plaintiff take nothing and judgment be entered in favor of State Bar
22 Defendants; and,
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State Bar Defs’ Notice of Motion and Motion to Dismiss Complaint
Case 2:10-cv-00048-JFW-CW Document 8 Filed 03/15/10 Page 3 of 4
4 LAWRENCE C. YEE
MARK TORRES-GIL
5 TRACEY L. McCORMICK
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By: /s/ Tracey L. McCormick_________
8 Tracey L. McCormick
9 Attorneys for Defendants
The State Bar of California, Board of
10 Governors of the State Bar, Chief Trial
Counsel of the State Bar of Californi
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State Bar Defs’ Notice of Motion and Motion to Dismiss Complaint
Case 2:10-cv-00048-JFW-CW Document 8 Filed 03/15/10 Page 4 of 4
1 PROOF OF SERVICE
2 I, Charlene J. Foster, hereby declare: that I am over the age of eighteen years and
3 am not a party to the above-entitled action, that I am employed in the City and County of
4 San Francisco, that my business address is The State Bar of California, 180 Howard
5 Street, San Francisco, CA 94105.
6 On March 15, 2010, I served copies of STATE BAR DEFENDANTS’ RE-
9 Richard I. Fine
Prisoner ID No. 1824367
10 c/o Men’s Central Jail
441 Dauchart Street
11 Los Angeles, CA 90012
12 By first class mail by placing a true copy thereof in a sealed envelope with
13 postage thereon fully prepaid and placing the envelope in the office’s daily mail
14 processing center for mailing in the United State mail at San Francisco, California.
15 By facsimile machine (FAX) by personally transmitting a true copy thereof via an
16 electronic facsimile machine to the facsimile number listed above.
17 By electronic mail by personally transmitting a true copy thereof via an electronic
18 mail service connected to the internet, addressed to the email address listed above.
19 By Federal Express or overnight courier.
20 I declare under penalty of perjury under the laws of the State of California that the
21 foregoing is true and correct.
22 Executed at San Francisco, California on March 15, 2010.
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24 /s/Charlene J. Foster
Charlene J. Foster
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