Bhagat

MEMORANDUM ***

I.

Vijay R. Bhagat, Kalpana V. Bhagat, Rohini V. Bhagat, and Ankit V. Bhagat (collectively the “Bhagats”), filed a civil rights action under 42 U.S.C. § 1983 against the City of Santa Ana, California, alleging that the Santa Ana Police Department violated the Equal Protection Clause of the Fourteenth Amendment. Their claim is based upon the slow response time of the police to their 911 calls during a single assault.

The Bhagats are the resident owners of a motel in Santa Ana. On April 13, 2000, around midnight, Raul Najera Badillo entered the motel and became violent, threatened, and eventually caused bodily harm to the Bhagats, especially Kalpana Bhagat. The Bhagats allege they made numerous calls to the Santa Ana Police Department for assistance and to the emergency 911 number for the City, but did not receive police assistance in time to prevent damage to their property or their persons.

*334 The Bhagats filed suit in the United States District Court for the Central District of California on April 4, 2001. The City filed a motion to dismiss the complaint under Fed.R.Civ.P. 12(b)(6) on April 30, 2001. In lieu of filing a response, the Bhagats filed a First…