Elkins

BACKGROUND

20 On September 22, 2021, plaintiff filed the instant action. Dkt. No. 1. Plaintiff originally 21 sued the Novato Defendants as well as the Marin County District Attorney’s office, and individual 22 assistant district attorneys (“the Marin Defendants”). Id. Plaintiff’s original complaint asserted all 23 causes of action against all defendants. Id. On October 28, 2022, defendants filed a motion to 24 dismiss all causes of action. Dkt. No. 25. On December 14, 2021, the Court granted the Marin 25 Defendants’ motion to dismiss with prejudice and granted the Novato Defendant’s motion to dismiss 26 with leave to amend so plaintiff could, among other things, make clear which causes of action were 27 brought against which defendants. Dkt. No. 32 at 71. On January 14, 2022, plaintiff filed the FAC alleging six causes of action, namely: (1) 42 U.S.C. § 1983 (Unlawful Search & Seizure) (Monell liability), (2) Malicious Prosecution, (3) False Arrest, (4) Intentional Infliction of Emotional Distress (IIED), (5) Negligent Infliction of Emotional Distress (NIED), and (6) Violation of the California Civil Code § 52.1 (California’s Bane Act). Dkt. …