Bearden

BACKGROUND

24 The pertinent facts in this case are detailed in the Court’s prior order, in which plaintiff’s 25 second amended complaint (“SAC”) was dismissed. Dkt. No. 42 (Order Granting Mot. to Dismiss 26 SAC). In plaintiff’s SAC, he asserted four causes of action: (1) Government Code § 815.2; (2) 27 dismissed, with prejudice, the § 815.6 claim. Id. at 8. The Court dismissed, without prejudice, plaintiff’s § 815.2,1 § 1981 and Title VII,2 and § 1983 claims. Id. at 5, 11, 13. On May 29, 2020, plaintiff filed his TAC, now before the Court. Dkt. No. 48 (TAC). In it, plaintiff alleges four causes of action: (1) Government Code § 815.2; (2) 42 U.S.C. § 1981; (3) 42 U.S.C. § 1983 (Fourteenth Amendment violation); and (4) 42 U.S.C. § 1983 (policy or custom violation under Monell v. New York City Dep't of Social Services, 436 U.S. 658 (1978)). Id. at 7, 12, 16-17, 19. Pursuant to Rule 12(b)(6), defendant moves the Court to dismiss, with prejudice, plaintiff’s TAC for not curing the defects identified by the Court in its prior order, and thus failing to state a claim upon which relief can be granted. Dkt. No. 49 at 6…