Bess
Bess v. Foy
Opinion
trial_court Opinion
1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 NORTHERN DISTRICT OF CALIFORNIA 8 SAN JOSE DIVISION 9
KLARA BESS,
10 Case No. Plaintiff, 11 ORDER GRANTING DEFENDANTS’ v. MOTION TO DISMISS 12 DEPUTY JEREMY FOY, #2279, DEPUTY Re: Dkt. No. 33 13 CHIRICO, #1887, 14 Defendants.
15 Plaintiff Klara Bess, proceeding pro se, filed her initial complaint in this action on April 16 15, 2019, asserting Constitutional, statutory and common law claims arising out of her arrest on 17 December 17, 2017. Original Complaint, Dkt. No. 1. Ms. Bess filed a Corrected First Amended 18 Complaint (“FAC”) on October 8, 2019 and the next day, the Court ruled that filing to be the 19 operative complaint. Dkt. Nos. 29, 30. 20 Defendants Deputy Jeremy Foy and Deputy Steven Chirico (collectively “Defendants”) 21 now move to dismiss the third, fourth, and fifth causes of action in the FAC for failure to timely 22 present a claim in accordance with the California Tort Claims Act (“CTCA”), pursuant to Federal…