A.B.

A.B. v. County of Kern

Good Law
United States District Court, Eastern District of CaliforniaJanuary 31, 20221:20-cv-01337California2,877 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

A.B., ) Case No.: 1:20-cv-1337 JLT BAK (SAB) ) Plaintiff, ) ORDER GRANTING DEFENDANT’S MOTION ) TO DISMISS v. ) ) (Doc. 18) COUNTY OF KERN, et al., ) ) Defendants. ) )

A.B. asserts that in February 2019, Deputy Michael Clark and the County of Kern violated her rights arising under federal and state law. She contends she suffered gender violence and sexual battery in violation of California law, as well as several civil rights violations. (See generally Doc. 13.) The County seeks dismissal of several causes of action pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, asserting Plaintiff is unable to proceed on claims arising under state law following her failure to comply with the California Government Claims Act. In addition, the County seeks dismissal of Plaintiff’s claim arising under the Unruh Act. (Doc. 18.) Plaintiff opposes dismissal, arguing the facts alleged are sufficient to…

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