Spath

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 NOAH SPATH, et al., Case No. 22-cv-07599-JSC

Plaintiffs,

ORDER RE: DEFENDANT COUNTY

v. OF SANTA CLARA’S MOTION TO

DISMISS

COUNTY OF SANTA CLARA, et al., Re: Dkt. No. 32 Defendants.

12 Noah Spath and his father, Tim Spath, bring claims against Santa Clara County arising from involuntary treatment Noah received during a mental health crisis. (Dkt. No. 31.) Before this Court is Santa Clara’s motion to dismiss. (Dkt. No. 32.) After carefully considering the briefing, and with the benefit of oral argument on July 6, 2023, the Court GRANTS the motion without leave to amend as to counts three, four, and five. The Court defers the question of whether to give Plaintiffs leave to amend count six pending further submission by the parties, as set forth below. DISCUSSION Santa Clara moves to dismiss Plaintiffs’ third, fourth, fifth, and sixth claims in the First Amended Complaint (FAC) for failure to…