James
James v. Contra Costa County
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 CARRIE JAMES, et al., Case No. 22-cv-05939-SI
Plaintiffs,
ORDER GRANTING DEFENDANT’S
v. MOTION TO DISMISS SECOND
AMENDED COMPLAINT
CONTRA COSTA COUNTY and DOES 1- 50, Re: Dkt. No. 37 11 Defendants.
13 On June 30, 2023, the Court held a hearing on defendant Contra Costa County’s motion to 14 dismiss plaintiff’s second amended complaint (“SAC”). The County contends that plaintiffs’ claims 15 are time-barred and that plaintiffs have failed to adequately allege a claim pursuant to Monell v. 16 Dep’t of Soc. Servs. of City of New York, 436 U.S. 658 (1978). After consideration of the parties’ 17 briefing and arguments, the Court GRANTS the motion with leave to amend. The third amended 18 complaint is due by July 21, 2023.
I. Statute of Limitations
21 The statute of limitations for claims under 42 U.S.C. § 1983 is “the personal injury statute 22 of limitations of the state which the cause of action arose.” Alameda Books, Inc. v. City of Los 23 Angeles,…