Lopez-Albinana
Lopez-Albinana v. Mayorkas
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
RICHARD LOPEZ-ALBINANA, Case No. 20-cv-07581-VC
Plaintiff,
ORDER GRANTING MOTION TO
v. DISMISS FIRST AMENDED
COMPLAINT
ALEJANDRO MAYORKAS,
Re: Dkt. No. 34 Defendant.
In his first amended complaint, Lopez-Albinana brings five Rehabilitation Act claims against his former employer, the Secretary of the Department of Homeland Security. As a preliminary matter, the complaint does not clearly state what in a long list of alleged actions are the basis of each claim. In any event, because of numerous pleading deficiencies the complaint must be dismissed with leave to amend. 1. Both sides appear to share the view that to state a disability discrimination claim under the Rehabilitation Act a plaintiff must allege that their disability is the sole reason, rather than merely a motivating factor, for an adverse employment action. Assuming for purposes of this motion that is correct, the complaint fails to state a disability discrimination claim. Lopez- Albinana vaguely asserts that most of the reasons the Area Port Director gave for terminating him were pretextual, but he does not identify…