Monegas

Monegas v. City and County of San Francisco Department of Public Health

Good Law
United States District Court, Northern District of CaliforniaMay 1, 20234:22-cv-04633California1,024 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 8 APRIL MONEGAS, Case No. 22-cv-04633-JD

Plaintiff,

ORDER RE MOTION TO DISMISS

v.

CITY AND COUNTY OF SAN

FRANCISCO DEPARTMENT OF PUBLIC

HEALTH, Defendant. 14 15 Pro se plaintiff April Monegas has sued her former employer, the City and County of San Francisco (CCSF). Dkt. No. 9. In a first amended complaint (FAC), Monegas says that CCSF fired her as a Senior Administrative Analyst because she declined COVID-19 vaccination without a medical or religious exemption. Id. ¶¶ 28-35. Monegas alleges that this constituted disability discrimination and retaliation in violation of the Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12101, et seq. Dkt. No. 9 ¶¶ 43-151. CCSF has asked to dismiss the FAC under Federal Rule of Civil Procedure 12(b)(6). Dkt. No. 13. The parties’ familiarity with the record is assumed, and the FAC is dismissed with leave to amend. LEGAL STANDARDS Rule 8(a)(2) requires the complaint to…

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