Bryan

Bryan v. City of Carlsbad

Good Law
297 F. Supp. 3d 1107
United States District Court, Southern District of CaliforniaMarch 19, 2018CASE NO. 17cv697–LAB (BLM)California6,800 words

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…

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