J.H.

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

J. H., Case No. 20-cv-00961-VC

Plaintiff,

ORDER GRANTING IN PART AND

v. DENYING IN PART MOTION TO

DISMISS; DENYING MOTION TO

COUNTY OF SAN MATEO, et al., STRIKE; GRANTING AND DENYING

MOTIONS TO SEAL

Defendants. Re: Dkt. Nos. 30, 38, 41, 42,

The defendants’ motion to dismiss is largely denied. Although the documents submitted with their motion shed considerable doubt on the veracity of the plaintiff’s allegations, these documents are not properly considered on a motion to dismiss. Taking the plaintiff’s allegations as true, as required at this stage, the second amended complaint adequately states substantive due process and negligence claims, as well as claims under California Civil Code section 52.1 and California Government Code section 815.6. The motion to dismiss is denied with respect to those claims, but granted with respect to the procedural due process and Monell claims. Consideration of documents outside the complaint: Along with their motion to dismiss, the defendants submit numerous documents from J.H.’s juvenile case file that they argue are…