Meier
Meier v. City of Brisbane
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 SAMPSON MEIER, Case No. 21-cv-05504-DMR
Plaintiff,
ORDER ON MOTION TO DISMISS
v. FIRST AMENDED COMPLAINT
CITY OF BRISBANE, et al., Re: Dkt. No. 25 Defendants.
Defendants City of Brisbane (“Brisbane”) and Brisbane Police Officer Abraham Sevilla move pursuant to Federal Rule of Civil Procedure 12(b)(6) to dismiss Plaintiff Sampson Meier’s first amended complaint (“FAC”). [Docket No. 25.] This matter can be determined on the papers. Civ. L.R. 7-1(b). For the following reasons, the motion is granted in part and denied in part. I. BACKGROUND A. Factual Allegations Meier makes the following allegations in the FAC (Docket No. 24): Brisbane owned, operated, and controlled the property and railroad tracks located near 3501 Bayshore Boulevard in Brisbane. It erected “a dangerous fence on the property that violated mandatory directives, statutes, ordinances, and laws requiring proper fencing . . . …