Banks
Banks v. San Mateo County District Attorney's Office
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 CARRIE BANKS, Case No. 24-cv-08681-SI
Plaintiff,
ORDER GRANTING MOTION TO
v. DISMISS
SAN MATEO COUNTY DISTRICT Re: Dkt. No. 26 ATTORNEY’S OFFICE, et al., 11 Defendants. 12 13 Now pending before the Court is defendants’ motion to dismiss the complaint. Pursuant to Civil Local Rule 7-1(b), the Court finds this matter appropriate for resolution without oral argument and VACATES the hearing set for May 9, 2025. For the reasons set forth below, the Court GRANTS the motion to dismiss, with leave to amend in part. 18 BACKGROUND1 On or about July 17, 2021, Fernando Altuna Mendoza raped plaintiff Carrie Banks while she was unconscious in her home. Dkt. No. 3, Compl. ¶ 10. After a night out, plaintiff left a bar in an Uber, and Altuna Mendoza followed her home. Id. ¶ 11. According to the complaint, “He entered Plaintiff’s home uninvited and without permission, found her unconscious in her bed, and had…