Bayer
Bayer v. City and County of San Francisco
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 JEFFREY BAYER, Case No. 3:22-cv-07440-JD
Plaintiff,
ORDER RE MOTION TO DISMISS
v.
CITY AND COUNTY OF SAN
FRANCISCO,
11 Defendant.
12 This is a civil rights case brought by pro se plaintiff Jeffrey Bayer against the City and County of San Francisco. The complaint alleges two causes of action, a Fourteenth Amendment equal protection claim under 42 U.S.C. § 1983 and a state law claim for negligence. Dkt. No. 1-1. Bayer originally filed this suit in San Francisco Superior Court. San Francisco removed the action to federal court on the basis of federal question jurisdiction. Dkt. No. 1. San Francisco asks to dismiss Bayer’s complaint for failure to state a plausible claim under Federal Rule of Civil Procedure 12(b)(6), or in the alternative for a more definite statement under Rule 12(e). Dkt. No. 6. Bayer filed an opposition. The parties’ familiarity with the record is assumed, and the Section 1983 claim is dismissed with leave to amend. The Court declines…