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 IN PART AND
DENYING IN PART DEFENDANTS’
v. MOTION TO DISMISS THIRD
AMENDED COMPLAINT
CONTRA COSTA COUNTY, and DOES 1- 50, Re: Dkt. No. 47 11 Defendants.
13 Defendant’s motion to dismiss the third amended complaint was scheduled for a hearing on 14 September 8, 2023. Pursuant to Civil Local Rule 7-1(b), the Court VACATED the hearing. For the 15 reasons set forth below, the Court DENIES the motion to the extent defendants contend that the 16 claims of the decedent’s parents are time-barred, and GRANTS the motion to dismiss the Monell 17 claim, without prejudice to that claim being reasserted if discovery supports such a claim.
I. Statute of Limitations
20 The County contends that the claims of Carrie James and Perry Williams regarding their 21 son’s death are time-barred because their son died on September 23, 2020, and this lawsuit was not 22 filed until October 10,…