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Case 2:10-cv-00048-JFW-CW

Document 8

Filed 03/15/10

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LAWRENCE C. YEE (84208) MARK TORRES-GIL (91597)

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TRACEY L. McCORMICK (172667) STATE BAR OF CALIFORNIA

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OFFICE OF GENERAL COUNSEL 180 Howard Street

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San Francisco, CA 94105-1639 Telephone: (415) 538-2339

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Fax: (415) 538-2321 Email: tracey.mccormick@calbar.ca.gov

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Attorneys for Defendants THE STATE BAR OF CALIFORNIA,

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BOARD OF GOVERNORS OF THE STATE BAR, CHIEF TRIAL COUNSEL OF THE

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STATE BAR OF CALIFORNIA.

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IN THE UNITED STATES DISTRICT COURT

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FOR THE CENTRAL DISTRICT OF CALIFORNIA - WESTERN DIVISION

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RICHARD I. FINE,

Case No. CV 10-00048 JFW(CW)

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Plaintiff,

STATE BAR DEFENDANTS’ RE- NOTICE OF MOTION AND MOTION TO DISMISS COMPLAINT AGAINST STATE BAR DEFENDANTS

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v.

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STATE BAR OF CALIFORNIA, et al.

 

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Defendants.

Date: April 27, 2010 Time: 10:00 a.m. Dept: Courtroom 640 Mag. Judge: Hon. Carla Woehrle

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TO: RICHARD I. FINE IN PRO SE

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PLEASE TAKE NOTICE that on April 27, 2010, at 10:00 a.m. in the Courtroom

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of Magistrate Judge Carla Woehrle, United States District Court, Central District of

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California, Western Division, Courtroom 640, 255 East Temple Street, Roybal Federal

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Building, Los Angeles, California, 90012, counsel for Defendants The State Bar of

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California, Board of Governors of the State Bar, Chief Trial Counsel of the State Bar of

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California (“State Bar Defendants”), will and hereby do, move the Court for an Order

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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

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under Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6) to dismiss Plaintiff’s

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Complaint as to all causes of action against the State Bar Defendants.

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State Bar Defendants will move to dismiss this action on the grounds that, inter

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alia, the Eleventh Amendment bars Fine’s claims, that the State Bar is not a “person”

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subject to suit under 42 U.S.C. § 1983 and that the State Bar Defendants enjoy quasi-

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judicial immunity.

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The Motion will be based on this Notice of Motion and Motion, the Memorandum

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of Points and Authorities filed in support thereof, the State Bar’s Request for Judicial

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Notice, all pleadings in this action and any other documents that are now on file or that

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may be on file in this action at the time of hearing; and such further evidence and

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arguments as may be presented at the time of hearing.

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MOTION TO DISMISS

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State Bar Defendants move to dismiss the Complaint on the following specific

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grounds:

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1. The Eleventh Amendment bars Fine’s claims.

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2. The State Bar is not a “person” subject to suit under 42 U.S.C. § 1983.

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3. The State Bar Defendants enjoy quasi-judicial immunity.

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WHEREFORE, State Bar Defendants pray as follows:

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1. That the Complaint and each claim for relief alleged therein be dismissed

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against State Bar Defendants without leave to amend; and,

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2. That Plaintiff take nothing and judgment be entered in favor of State Bar

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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

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Dated:

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For such other relief as this Court deems just.

Respectfully submitted,

LAWRENCE C. YEE MARK TORRES-GIL TRACEY L. McCORMICK

By:

/s/ Tracey L. McCormick

Tracey L. McCormick

Attorneys for Defendants The State Bar of California, Board of 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

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Case 2:10-cv-00048-JFW-CW

Document 8

Filed 03/15/10

PROOF OF SERVICE

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I, Charlene J. Foster, hereby declare: that I am over the age of eighteen years and

am not a party to the above-entitled action, that I am employed in the City and County of

San Francisco, that my business address is The State Bar of California, 180 Howard

Street, San Francisco, CA 94105.

On March 15, 2010, I served copies of STATE BAR DEFENDANTS’ RE-

NOTICE OF MOTION AND MOTION TO DISMISS COMPLAINT AGAINST

STATE BAR DEFENDANTSon the party listed below:

Richard I. Fine Prisoner ID No. 1824367

c/o Men’s Central Jail 441 Dauchart Street

Los Angeles CA 90012

Central Jail 441 Dauchart Street Los Angeles CA 90012 By first class mail by placing a

By first class mail by placing a true copy thereof in a sealed envelope with

postage thereon fully prepaid and placing the envelope in the office’s daily mail

processing center for mailing in the United State mail at San Francisco, California.

By facsimile machine (FAX) by personally transmitting a true copy thereof via an (FAX) by personally transmitting a true copy thereof via an

electronic facsimile machine to the facsimile number listed above.

facsimile machine to the facsimile number listed above. By electronic mail by personally transmitting a true

By electronic mail by personally transmitting a true copy thereof via an electronic

mail service connected to the internet, addressed to the email address listed above.

the internet, addressed to the email address listed above. By Federal Express or overnight courier. I

By Federal Express or overnight courier.

I declare under penalty of perjury under the laws of the State of California that the

foregoing is true and correct.

Executed at San Francisco, California on March 15, 2010.

/s/Charlene J. Foster

Charlene J. Foster

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