Rochelle Bryant v. City of Pomona

I. INTRODUCTION

On January 21, 2021, Rochelle and Jerry Bryant (“Plaintiffs”) filed a Complaint against the City of Pomona (the “City”) and Foothill Transit (“Foothill”), alleging a violation of their Fourteenth Amendment right to substantive due process. (ECF No. 1.) Plaintiffs’ claim arises from an injury that their son Julian sustained when he was struck by a vehicle, which Plaintiffs allege has deprived them of their companionship with Julian. In April 2021, the Court dismissed Plaintiffs’ complaint for failure to state a claim under Federal Rule of Civil Procedure (“Rule’’) 12(b)(6). (See ECF No. 35.) After the Court struck Plaintiffs’ Motion for Leave to Amend, Plaintiffs appealed. (See ECF Nos. 35, 37-38.) In September 2022, the Ninth Circuit found the Court had abused its discretion in “denying Plaintiffs leave to amend without giving any explanation and at least one opportunity to remedy their pleading deficiencies.” (9th Cir. Memo. at 3, ECF No. 40.) The Court then granted Plaintiffs permission to amend their Complaint, and Plaintiffs filed the operative First Amended Complaint (“FAC”) on December 9, 2022. (ECF Nos. 51-52.) The FAC adds a new defendant—Ronald Chan,…