Malae

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 JACOB MALAE, Case No. 21-cv-01453-SI

Plaintiff, ORDER GRANTING IN PART AND

DENYING IN PART DEFENDANTS’

v. MOTION TO DISMISS AND

GRANTING PLAINTIFF LEAVE TO

CITY OF SANTA CLARA, et al., AMEND Defendants. Re: Dkt. No.

12 Defendants have moved to dismiss the first amended complaint. The Court previously determined that the motion was appropriate for determination without oral argument, in accordance with Local Rule 7-1(b). For the reasons set forth below, the motion is GRANTED IN PART and DENIED IN PART. The Court grants plaintiff leave to amend. The amended complaint shall be filed no later than August 17, 2021. 18 BACKGROUND Plaintiff Jacob Malae has worked for the Santa Clara Police Department (“SCPD”) for over 22 years, and he has been a Sergeant for over ten years. First Amended Compl. ¶¶ 7-8. Malae is Samoan, and he alleges that defendants have…