Navarrette v. 5 - Keys Charter School
- Phyllis Hamilton
- 4:20-cv-02579
- U.S. District Court · Northern District of California
- 2
In Navarrette v. 5 - Keys Charter School, Judge Hamilton granted Caltrans’s voluntary dismissal and alternatively granted its motion to dismiss.
California Department of Transportation (Caltrans), which was dismissed from the case; the ruling also concerned Tomas Navarrette’s claims against Caltrans.
What happened
Navarrette v. 5 - Keys Charter School involved California’s Department of Transportation, known as Caltrans, asking to be removed from Tomas Navarrette’s case.
Navarrette said he had no objection to Caltrans being removed and stated that Caltrans was not involved in his work schedule or alleged unpaid overtime. The court treated that response as a request to dismiss Caltrans.
Judge Phyllis J. Hamilton granted the voluntary dismissal under Rule 41(a)(2) and, alternatively, granted Caltrans’s motion to dismiss under Rule 12(b)(6). The court also canceled the scheduled hearing.
The detailed version
- Navarrette v. 5 - Keys Charter School · No. 4:20-cv-02579
- Phyllis Hamilton
- Apr. 23, 2021
Background
The court considered California Department of Transportation’s (Caltrans) motion to dismiss Tomas Navarrette’s first amended complaint. Navarrette responded that he had “no objection” to Caltrans being removed from the lawsuit. He stated that Caltrans was not involved in scheduling or the hours he worked and was not involved in or aware of the alleged unpaid overtime.
Legal standard
A motion under Federal Rule of Civil Procedure 12(b)(6) tests whether the complaint states a legally sufficient claim. Dismissal is proper when a complaint lacks a legally recognized theory or does not allege enough facts to support one. Under Rule 41(a)(2), a plaintiff may voluntarily dismiss an action by court order when no notice or agreement for dismissal has been filed.
Ruling
The court interpreted Navarrette’s response as a request to voluntarily dismiss Caltrans under Rule 41(a)(2). It granted the voluntary dismissal of Caltrans. Alternatively, it granted Caltrans’s motion to dismiss under Rule 12(b)(6). The court vacated the hearing scheduled for May 27, 2021. The opinion does not state whether the dismissal was with or without prejudice.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.