Lara
Lara v. County of San Mateo
Opinion
Opinion
Spero, J.
ORDER GRANTING IN PART AND IN PART DENYING DEFENDANTS’ MOTION TO DISMISS COMPLAINT
On June 15, 2001, Defendants filed a Motion To Dismiss Complaint (“the Motion”) pursuant to Fed.R.Civ.P. 12(b)(1) and (6). Following full briefing, the Court decides the Motion without oral argument, pursuant to Civil Local Rule Y — 1(b). For the reasons stated below, the Motion is GRANTED in part and DENIED in part.
I. INTRODUCTION
Plaintiff, Norma Lara, brings this action pursuant to 42 U.S.C. § 1983 on the ground that she was wrongfully and illegally seized in violation of the Fourth and Fourteenth Amendments of the Constitution of the United States. Complaint at 1 ¶ 1. She also asserts related causes of action under California state law. Id.
Defendants move to dismiss the Complaint pursuant to F.R.C.P. 12(b)(1) and (6), arguing that Plaintiffs Complaint fails to state a claim with respect to her § 1983 claims. Defendants argue further that because Plaintiffs federal law claims fail, this Court should dismiss Plaintiffs remaining claims, which are brought under state law. In particular, Defendants assert that: 1) Plaintiff fails to allege the elements necessary to establish municipal…