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FITZPATRICK v. FITZPATRICK

No. 2:12-cv-2938 GEB AC PS.

MICHAEL FITZPATRICK, Plaintiff, v. BRIAN FITZPATRICK, ET AL., Defendants.

United States District Court, E.D. California.

May 23, 2014.

Attorney(s) appearing for the Case

Michael J. Fitzpatrick, Plaintiff, Pro Se.

Brian Fitzpatrick, Defendant, represented by Douglas R. Roeca, Law Office Of Douglas R. Roeca.

Dianne Fitzpatrick, Defendant, represented by Douglas R. Roeca, Law Office Of Douglas R. Roeca.

FINDINGS & RECOMMENDATIONS

ALLISON CLAIRE, Magistrate Judge.

Pending before the court is defendants' motion to dismiss plaintiff's Second Amended Complaint ("SAC"). Plaintiff opposes the motion. On review of the motion, the briefs filed in support and opposition, and good cause appearing therefor, THE COURT FINDS AS FOLLOWS:

RELEVANT FACTUAL BACKGROUND

A. Allegations in Second Amended Complaint

Plaintiff, Michael...

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