Brasil
Brasil v. City of San Jose
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 RAQUEL BRASIL, et al., Case No. 3:22-cv-03560-JD
Plaintiffs,
ORDER RE MOTION TO DISMISS
v. AND STRIKE
CITY OF SAN JOSE, et al., Defendants.
12 Defendant City of San Jose asks to dismiss plaintiffs’ claims against it under Federal Rule of Civil Procedure 12(b)(6), and to strike under Rule 12(f) references to respondeat superior liability in the California state law claims. See Dkt. No. 1 (complaint); Dkt. No. 15 (motion). The parties’ familiarity with the record is assumed, and the Monell claim is dismissed with leave to amend. The Court declines to take up the state law claims until a federal claim is plausibly alleged against San Jose. The hearing set for November 3, 2022, is vacated. BACKGROUND As alleged in the complaint, plaintiffs Raquel Brasil and Mario Hernandez were attacked by defendants George Brown and Erik Brunner in what is portrayed as a road rage incident in July 2021 on Interstate 280.…