Banks
Banks v. San Mateo County District Attorney's Office
Opinion
trial_court Opinion
1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 CARRIE BANKS, Case No. 24-cv-08681-SI
8 Plaintiff,
ORDER GRANTING MOTION TO
9 v. DISMISS FIRST AMENDED
COMPLAINT
10 SAN MATEO COUNTY DISTRICT ATTORNEY'S OFFICE, et al., Re: Dkt. No. 33 11 Defendants. 12 13 14 Now pending before the Court is defendants’ motion to dismiss the First Amended 15 Complaint. The Court held a hearing on June 27, 2025. 16 17 BACKGROUND 18 The factual background of this case is stated more fully in the Court’s prior order at Dkt. No. 19 29 and the Court does not repeat those facts in full here. For purposes of this motion to dismiss, the 20 Court treats as true the factual allegations as stated in plaintiff’s complaint and draws all reasonable 21 inferences in plaintiff’s favor. See Usher v. City of Los Angeles, 828 F.2d 556, 561 (9th Cir. 1987). 22 To summarize, on or about July 17, 2021, Fernando Altuna Mendoza raped plaintiff Carrie Banks 23 while she was unconscious in her home. Dkt.…