Grier

ORDER GRANTING DEFENDANTS’ MOTION TO DISMISS PLAINTIFFS’ SECOND AMENDED COMPLAINT

This matter came before the Court on October 7, 2002, on Defendants’ Motion to Dismiss Plaintiffs’ Second Amended Complaint. After careful consideration of the parties’ written briefs and oral arguments, and good cause appearing, the Court GRANTS the motion to dismiss.

FACTUAL BACKGROUND

Plaintiffs are five African-American and one Mexican-American former tenants of 10031-59 MacArthur Boulevard, Oakland, California. Marvin Budderman, whom Plaintiffs originally named as a Defendant but have since voluntarily dismissed from this suit, is Plaintiffs’ former landlord. Defendants are the City of Oakland, Oakland Mayor Jerry Brown, and two city employees, David Carillo and Pelayo Llamas. Plaintiffs assert two causes of action against Defendants: violation of 42 U.S.C. § 1983 and violation of California Civil Code § 51.

Plaintiffs’ Second Amended Complaint contains the following allegations: Budder-man and other landlords made contributions to Defendant Brown’s mayoral campaigns in 1998, 1999, and 2000. Second Amended Complaint (“Compl.”) at ¶ 8. Defendants Carillo and Llamas subsequently acted in…