J.H.

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

J. H., Case No. 20-cv-00961-VC

Plaintiff,

ORDER GRANTING IN PART AND

v. DENYING IN PART MOTION FOR

SANCTIONS

COUNTY OF SAN MATEO, et al., Re: Dkt. No. 70 Defendants.

The plaintiff’s lawyer, Joseph May, has violated Federal Rule of Civil Procedure 11(b)(3) by including at least one frivolous allegation in the second amended complaint. Although several allegations in the complaint are factually suspect, one is particularly deserving of sanctions: an allegation that the defendants failed to notify J.H.’s prior foster family of his change in placement in accordance with DHS regulation 31-440 and explaining that “[h]ad such notice been given, the [family] would have stopped the change of placement from occurring.” That allegation is factually baseless. Documents from J.H.’s juvenile case file show that his foster family was provided notice of his change of placement. In fact, J.H., his foster mother, Dawson, and a social worker had at least one in-person meeting before the change of placement. Afterwards, J.H.’s foster mother sent an email to various people involved…