Prebilich

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 NANCY PREBILICH, Case No. 3:21-cv-02380-JD

Plaintiff,

ORDER RE MOTION TO DISMISS

v. 9 Re: Dkt. No. 9, 15 CITY OF COTATI, et al., Defendants.

Plaintiff Nancy Prebilich was a partner in a “demonstration farm” featuring live animals within the city limits of defendant the City of Cotati. After a few years of operations, Cotati advised Prebilich that she needed to remove the animals to make way for a construction project. For reasons that are not entirely clear in the complaint, Dkt. No. 1, Prebilich did not remove the animals and lost physical possession of them. Prebilich requested approximately $31,000 for the value of the animals, and defendant Damien O’Bid, Cotati’s city manager, offered approximately $11,000. The parties apparently could not bridge the $20,000 gap, and this litigation ensued. Prebilich has alleged multiple claims under 42 U.S.C. § 1983 for due process and equal protection issues, and California state law claims for conversion and fraud by…