Jacqueline Lee Valentine v. San Mateo County; Chad Peace; and Daniel Radovich

Good Law
United States District Court, Northern District of CaliforniaJanuary 13, 20263:25-cv-05607California2,800 words

Opinion

Trial Court Opinion

I. BACKGROUND

22 In its prior Order to Show Cause, the Court identified three main deficiencies with 23 Plaintiff’s Amended Complaint. See ECF No. 11. First, Plaintiff did not identify who she was 24 suing. Second, although Plaintiff identified the laws that she claimed Defendants violated, the 25 Amended Complaint in large part lacked factual allegations describing Defendants’ conduct. 26 Third, Plaintiff claimed, among other things, that Defendants violated 18 U.S.C. § 1702 27 (prohibiting interfering or taking another person’s mail), but that statute does not create a private cause of action. See ECF No. 11 at 2-4. Plaintiff’s SAC resolves the first and third of these deficiencies. Plaintiff has clearly identified that she is suing the County of San Mateo, ADA Coordinator Chad Peace in his individual and official capacities, and court administrator Daniel Radovich in his individual and official capacities. ECF No. 13 at 2. She is no longer asserting a claim under 18 U.S.C. § 1702. Id. at 4. However, as was the case in her Amended Complaint, Plaintiff includes scant factual allegations describing Defendants’ conduct. Plaintiff…

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