Ramirez
Ramirez v. City Of San Jose
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 7 NICHOLAS RAMIREZ, Case No. 21-cv-08127-VKD
Plaintiff, ORDER GRANTING DEFENDANTS' v. MOTION TO DISMISS WITH LEAVE
TO AMEND
CITY OF SAN JOSE, et al., Re: Dkt. No. 12 Defendants.
13 Plaintiff Nicholas Ramirez sues the City of San Jose and defendant officers Steve Mendez, Dejon Packer, Gerardo Silva, and Ali Miri for alleged violations of his federal constitutional and statutory rights. Mr. Ramirez also asserts several state law claims. Defendants move to dismiss Mr. Ramirez’s first amended complaint (Dkt. No. 6) for failure to state a claim pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. Dkt. No. 12. Having considered the parties’ moving papers and arguments made at the hearing on January 25, 2022, the Court grants the defendants’ motion with leave to amend. I. BACKGROUND For purposes of this motion, the Court accepts as true the following factual…