Mondragon

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

MICHELLE MONDRAGON, Case No. 18-cv-01605-NC Plaintiff,

ORDER GRANTING IN PART

v. AND DENYING IN PART

DEFENDANTS’ MOTION TO

CITY OF FREMONT, et al., DISMISS; GRANTING LEAVE TO

AMEND

Defendants. Re: Dkt. No. 98

This case arises out of the death of 16-year-old Elena Mondragon after being shot by City of Fremont police officers. Elena was the passenger in a vehicle driven by a young man who was under surveillance by undercover officers. The officers shot into the vehicle, including four shots that struck and killed Elena. Defendants the City of Fremont and individual police officers move to dismiss claims brought by Elena’s successor-in- interest, her mother Michelle Mondragon. The Court GRANTS the motion to dismiss the claim against the City of Fremont under 42 U.S.C. § 1983 because the Third Amended Complaint fails to state sufficient facts to show the City’s Monell liability. The Court finds that further amendment…