Infante
Infante v. CITY AND COUNTY OF SAN FRANCISCO
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 MARIA INFANTE, Case No. 21-cv-06892-HSG
Plaintiff,
ORDER STAYING CASE
v.
CITY AND COUNTY OF SAN
FRANCISCO,
11 Defendant.
12 This is a putative class action lawsuit challenging the City of San Francisco’s practice of “chalking,” or physically marking car tires to enforce parking ordinances. Plaintiff’s Complaint, filed in September 2021, alleges that the practice of chalking amounts to an “unreasonable search” in violation of the Fourth Amendment of the U.S. Constitution. See Dkt. No. 1. Defendant City and County of San Francisco filed a motion to dismiss the Complaint, in which they argue that chalking does not constitute a “search” and, in any event, is “reasonable” under the Fourth Amendment. See Dkt. No. 19. As both parties have acknowledged, the central legal issues raised by Defendant’s motion are presently before the Ninth Circuit in Verdun v. City of San Diego, 549 F. Supp. 3d 1192, 1193 (S.D. Cal. 2021), appeal docketed, No. 21-55046 (9th Cir. Aug. 25,…