Nguyen

I. BACKGROUND

1 A. Factual Background 2 The Court previously summarized Plaintiff’s factual allegations in its prior orders, and 3 those allegations remain largely unchanged. See Order Granting with Leave to Amend Mot. to 4 Dismiss (“First MTD Order”), ECF No. 52; Order Granting Mot. to Dismiss with Leave to Amend 5 (“Second MTD Order”), ECF No. 89. The Court will therefore only discuss the allegations 6 relevant to the present motion. 7 Plaintiff alleges that Gerry, former code enforcement inspector employed by the City’s 8 Code Enforcement Division, sexually assaulted and extorted Plaintiff, a massage business owner 9 and operator of Vietnamese descent with limited English language, during his code enforcement 10 inspections of her business. See SAC ¶¶ 9, 17, 70. Plaintiff also alleges that the City allowed this 11 to happen by implementing a custom or practice of sending unsupervised solo male code 12 enforcement inspectors to inspect massage businesses knowing the risk that this custom or practice 13 may lead to violations of the often-vulnerable employees and owners’ constitutional rights. See, 14 e.g., id. ¶ 4, 10, 33, 62–63. Plaintiff further alleges that…