VW CREDIT LEASING LTD v. The City of San Mateo

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 VW CREDIT LEASING LTD, Case No. 23-cv-02884-DMR

Plaintiff, ORDER ON CITY OF SAN MATEO'S v. MOTION TO DISMISS

THE CITY OF SAN MATEO, et al., Re: Dkt. No. 18 Defendants.

In this action, Plaintiff VW Credit Leasing LTD (“VWCL”) challenges Defendant City of San Mateo’s (“San Mateo”) alleged practice of turning over control of seized vehicles to private tow companies, including Defendant Red Line Towing (“Red Line”), without providing due process. San Mateo now moves to dismiss the claims asserted against it pursuant to Federal Rule of Civil Procedure 12(b)(6). [Docket No. 18.] This matter is suitable for resolution without a hearing. Civ. L.R. 7-1(b). For the following reasons, the motion is denied. I. BACKGROUND VWCL makes the following allegations in the first amended complaint (“FAC”), all of which are taken as true for purposes of the motion to dismiss. VWCL is the titled owner of a 2020 Volkswagen…