Bess

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

KLARA BESS,

Case No. Plaintiff, ORDER GRANTING DEFENDANTS’ v. MOTION TO DISMISS 12 DEPUTY JEREMY FOY, #2279, DEPUTY Re: Dkt. No. 33 CHIRICO, #1887, Defendants.

Plaintiff Klara Bess, proceeding pro se, filed her initial complaint in this action on April 15, 2019, asserting Constitutional, statutory and common law claims arising out of her arrest on December 17, 2017. Original Complaint, Dkt. No. 1. Ms. Bess filed a Corrected First Amended Complaint (“FAC”) on October 8, 2019 and the next day, the Court ruled that filing to be the operative complaint. Dkt. Nos. 29, 30. Defendants Deputy Jeremy Foy and Deputy Steven Chirico (collectively “Defendants”) now move to dismiss the third, fourth, and fifth causes of action in the FAC for failure to timely present a claim in accordance with the California Tort Claims Act (“CTCA”), pursuant to Federal…