Gusman

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

DAVID GUSMAN, Case No.: 20-cv-7820-YGR

Plaintiff, ORDER DENYING MOTION TO DISMISS

SECOND AMENDED COMPLAINT

v.

DKT. NO.

COUNTY OF SAN MATEO, AND DOES 1-50,

Defendants.

11 Presently before the Court is the motion (Dkt. No. 23) of defendant County of San Mateo to 12 dismiss the Second Amended Complaint (“SAC”) of plaintiff David Gusman. The County seeks to 13 dismiss the SAC on the grounds that plaintiff has failed to allege compliance with the California 14 Government Claims Act (“GCA”) and the claims under California law are therefore barred. 15 Having carefully considered the papers submitted, the matters properly subject to judicial 16 notice,1 and the pleadings in this action, the Court DENIES the motion to dismiss. For the reasons 17 set forth below, the Court finds that while plaintiff has failed to allege compliance with the 18 California Government Claims Act, he has alleged facts sufficient to establish a basis for equitable 19 estoppel against dismissal on those grounds. 20 21 Defendant seeks judicial notice of:…