Bryan
Bryan v. City of Carlsbad
Opinion
Lead Opinion
Burns, J.
Plaintiff Catherine Bryan, proceeding pro se , filed her complaint, bringing civil rights claims under 42 U.S.C. §§ 1983 , 1985(w), and 1986 ; Elder Financial Abuse claims under Cal. Welfare Code § 15610 , and state law claims for fraud, deceit, intentional misrepresentation; and intentional and negligent infliction of emotional distress.
Bryan alleges that the City of Carlsbad's Code Enforcement Department unlawfully searched a residence where she lives. Although she refers to it as her home, the property was sold in a foreclosure sale in 2009. 1 (Compl., ¶ 7.) Although the complaint says unlawful searches occurred four times since October 23, 2009 ( id. ), the complaint only mentions one search, on March 29, 2017, which was conducted pursuant to a warrant.
Defendants filed a motion to dismiss, supported by requests for judicial notice. (Docket no. 8.) While that motion was pending, Bryan filed a motion for preliminary injunction (Docket no. 17), a motion for leave to file a supplemental complaint (Docket no. 29), and a motion for leave to add new party defendants. (Docket no. 30.)
*1113 Bryan claims that the house belongs to her, and her claim rests heavily on this…