Gomez

Gomez v. San Francisco

Good Law
United States District Court, Northern District of CaliforniaFebruary 1, 20223:21-cv-05394California2,530 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 CRYSTAL GOMEZ, et al., Case No. 21-cv-05394-JCS

Plaintiffs, ORDER DENYING MOTION TO

DISMISS

v. 9 Re: Dkt. No. 22 CITY AND COUNTY OF SAN FRANCISCO, et al., 11 Defendants.

12 I. INTRODUCTION Plaintiffs Crystal Gomez and Martha Gomez, who were minors at the time of the events at issue but brought their claims after reaching majority, allege that Defendants the City and County of San Francisco and several of its then-employees unlawfully removed them from their mother’s custody for a period of seven days in 2004. Defendants move to dismiss Plaintiffs’ claims against two police officers, Maria Donati1 and Jose Pubill, under Rule 12(b)(6) of the Federal Rules of Civil Procedure for failure to allege sufficient involvement by those officers in the purported violation of Plaintiffs’ constitutional rights. The Court finds the matter suitable for resolution without oral argument and VACATES the hearing previously set for February 4, 2022. The case management…

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