Artiaga Castillo v. City Of San Jose

Good Law
United States District Court, Northern District of CaliforniaMay 12, 20255:24-cv-00701California2,955 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 MARY HOPE ARTIAGA CASTILLO, Case No. 24-cv-00701-SVK

Plaintiff,

ORDER GRANTING MOTION TO

v. DISMISS WITH LEAVE TO AMEND

CITY OF SAN JOSE, Re: Dkt. No. 25 Defendant.

Self-represented Plaintiff Mary Hope Artiaga Castillo brought this suit alleging that Defendant City of San Jose (the “City”) violated her Fourteenth Amendment right to due process when police officers impounded her RV. See Dkt. 1. After an initial motion to dismiss, Plaintiff amended her complaint. See Dkt. 24 (the “First Amended Complaint” or “FAC”). Before the Court now is the City’s second Motion to Dismiss. Dkt. 25 (the “Motion”). The Parties have consented to the jurisdiction of a magistrate judge. See Dkts. 8, 11. The Court has determined that the Motion is suitable for resolution without oral argument. Civil L.R. 7-1(b). After considering the Parties’ briefing, relevant law and the record in this action, and for the reasons that follow,…

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