Brief Bank II: indexed by issue

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Dismissal of action [ 11 ]

PLAINTIFF’S MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION TO

DEMURRER

California Supreme Court precedent which holds that a taxpayer has standing under

Code of Civil Procedure section 526a, and accordingly states a “case or controversy” for

purposes of declaratory and injunctive relief, even if others with “direct” standing can

file or have filed suit on their own.

by Clausen, Mark T.

YASMEEN TANZEL v. THE CITY OF RICHMOND C 03-02841 ( 2004 )

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PLAINTIFF’S RESPONSE TO DEFENDANT CITY OF ALBUQUERQUE’S 12(B)(6) MOTION

TO DISMISS PLAINTIFF’S SECOND MUNICIPAL LIABILITY CLAIM

Plaintiff alleged that City of Albuquerque Police Officers engage in a pattern of failing to

follow state pre-deprivation procedures when cash is seized; and that “The City of

Albuquerque practice of unreasonably seizing cash and ignoring due process guarantees

is so prevalent that the City has a custom and practice of violating the law or a policy of

ignoring training needs of officers”. Plaintiff alleged that the City’s custom and practice

and failure to train officers displays deliberate indifference to the rights of citizens of

Albuquerque; and the custom and practice was the moving force behind the deprivation

of plaintiff’s rights.

by Kennedy & Oliver, P.C.

ELIAS GONZALES v. THE CITY OF ALBUQUERQUE D.N.M. CIV 03-1150 ( 2004 )

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