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MEMORANDUM DECISION AND ORDER .GRANTING IN PART WITH LEAVE TO AMEND, GRANTING PART WITHOUT LEAVE TO AMEND, AND DENYING IN PART DEFENDANTS’ MOTIONS TO DISMISS (Docs. 8 & 15) AND GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION TO STRIKE (Doc. 12)

Plaintiff C.B., a minor, has filed a Complaint against Defendants Sonora School District; Karen Sinclair; City of Sonora; Chief of Police Mace McIntosh; Officer Hal Prock; and Does 1-10. As facts com mon to all causes of action, the Complaint alleges:

The Complaint alleges that Plaintiff filed California Tort Claims with the Sonora School District and the City of Sonora and that both claims were rejected. The Complaint alleges the following causes of action:

The Complaint prays for compensatory, incidental, general and special, and punitive damages, for civil penalties, and attorneys’ fees.

Defendants Sonora School District and Karen Sinclair (collectively District Defendants) move to dismiss the Complaint pursuant to Rules 12(b)(1) and 12(b)(6) on the grounds that (1) the Court lacks subject matter jurisdiction over Plaintiffs federal claims because Plaintiff has failed to exhaust administrative remedies; (2) Plaintiffs state…