Leet

Leet v. County of Santa Cruz

Good Law
United States District Court, Northern District of CaliforniaMarch 7, 20233:22-cv-08957California763 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

RICHARD LEET,

Case No. 22-cv-08957-RS Plaintiff, 11 v. ORDER GRANTING MOTION TO DISMISS COUNTY OF SANTA CRUZ, et al., 13 Defendants.

15 Plaintiff Richard Leet avers that the County of Santa Cruz (“the County”) either destroyed or rehomed his service dog, Mocha, following his arrest on December 21, 2021. This suit raises four claims for relief, including violation of the Americans with Disabilities Act, declaratory relief, administrative and/or alternate mandamus, and negligence. The County moves to dismiss under Federal Rule of Civil Procedure 12(b)(6) on the grounds that, contrary to Plaintiff’s assertion, it is not doing business as the Santa Cruz County Animal Shelter. Pursuant to the Joint Powers Agreement (“JPA”) signed by the County of Santa Cruz, the City of Santa Cruz, the City of Scotts Valley, the City of Watsonville, and the City of Capitola, the Animal Shelter is a separate public entity that…

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