King
King v. Alameda County Department of Child Support Services
Opinion
Trial Court Opinion
BACKGROUND
I. Original Complaint and Order Dismissing Original Complaint
23 On April 19, 2021, plaintiff Troy King filed a pro se complaint against defendant Alameda 24 County Department of Child Support Services (“DCSS”). Compl. at 1 (Dkt. No. 1). The complaint 25 asserted causes of action under 42 U.S.C. § 1981 and 42 U.S.C. § 1983, as well as state law claims 26 of negligence and intentional infliction of emotional distress. The complaint alleged that DCSS and 27 the California Department of Motor Vehicles (“DMV”) wrongfully sent Income Withholding Letters and Notices of Intent to Suspend Driver’s License relating to King’s child support payments. Id. at 2. On June 30, 2021, this Court granted DCSS’s motion to dismiss and granted plaintiff leave to amend noting:
4 If plaintiff chooses to amend, plaintiff must be able to allege facts showing the existence of a municipal policy or custom that deprived him of his constitutional rights. Simply alleging that DCSS employee Wong was negligent or that Wong’s supervisor ratified her negligence is not enough. In addition, plaintiff must allege facts showing that his constitutional rights to…