Perryman
Perryman v. City of Pittsburg
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 TRENELL PERRYMAN, Case No. 20-cv-03408-SI
Plaintiff,
ORDER GRANTING IN PART AND
v. DENYING IN PART DEFENDANT'S
MOTION TO DISMISS PORTIONS OF
CITY OF PITTSBURG, et al., PLAINTIFF'S FIRST AMENDED
COMPLAINT
Defendants. Re: Dkt. No. 28 12 On February 5, 2021, the Court held a hearing on defendant’s motion to dismiss portions of plaintiff’s First Amended Complaint (“FAC”). Dkt. No. 36. Having considered the arguments made and the papers submitted, the Court hereby GRANTS in part and DENIES in part defendant’s motion to dismiss. 17 BACKGROUND I. Factual Background Plaintiff Trenell Perryman alleges that, on April 26, 2019, plaintiff was driving his twelve- year-old son to school in Pittsburg, CA when plaintiff’s vehicle ran out of gas. First Amended Compl. (“FAC”), Dkt. No. 24, ¶ 21. Plaintiff walked to the gas station to buy gasoline while his son remained in the…