Calonge

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

ROSALINA CALONGE, Case No. 20-cv-07429-NC Plaintiff,

ORDER GRANTING IN PART AND

v. DENYING IN PART DEFENDANTS’

MOTION TO DISMISS

CITY OF SAN JOSE, and others, Re: ECF 14 Defendants. 15 Defendants City of San Jose and Officer Edward Carboni move to dismiss Plaintiff Rosalina Calonge’s Fourteenth Amendment, Bane Act, and California Public Records Act claims. ECF 14. After evaluating the parties’ briefing, the Court grants Defendants’ motion to dismiss as to Plaintiff’s Bane Act claim on her own behalf and denies the motion as to the remaining claims. I. BACKGROUND According to Plaintiff’s complaint, the relevant events unfolded as follows. See ECF 15. On October 31, 2019, Decedent Francis Calonge told Plaintiff that he was going to visit a friend but that he would be back later that evening. Id. at ¶ 15. That afternoon, San Jose Police Department officers arrived at the intersection of Jackson Avenue and McKee Road,…