Theis

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ROBIN THEIS and TAYLOR THEIS, No. 2:18-cv-03278-KJM-KJN Plaintiffs, v. ORDER YUBA COUNTY SHERIFF’S DEPARTMENT, et al., 15 Defendants.

17 Defendants move to dismiss plaintiffs’ Second Amended Complaint (“SAC”) for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6). Mot., ECF No. 25. Plaintiffs opposed, Opp’n, ECF No. 28, and defendants have replied. Reply, ECF No. 30. The court submitted the motion for decision on the papers, and having reviewed the papers and the applicable law, now GRANTS in part and DENIES in part defendants’ motion. I. BACKGROUND This case concerns the euthanization of plaintiffs’ beloved cat, Pizza, at the Yuba County animal shelter. The court reviewed the factual background of the case in its order on an earlier motion to dismiss and incorporates that description of the facts by reference. See Prior Order, ECF No. 22 at 2. ///// In its prior order the court…