Nguyen

Nguyen v. City Of San Jose

Good Law
United States District Court, Northern District of CaliforniaNovember 30, 20235:21-cv-00092California10,814 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 7 DAI TRANG THI NGUYEN, Case No. 5:21-cv-00092-EJD

Plaintiff, ORDER GRANTING MOTION TO

DISMISS WITH LEAVE TO AMEND

v.

CITY OF SAN JOSE, et al., Re: ECF No. 70 Defendants.

Before the Court is Defendants’ Motion to Dismiss the First Amended Complaint under Rule 12(b)(6) based on municipal liability under Monell v. Dep’t of Soc. Servs. of City of New York, 436 U.S. 658, 691 (1978). ECF No. 70 (“MTD”). The Court heard oral arguments on March 9, 2023. Having considered the parties’ written submissions and arguments made at the hearing, the Court GRANTS the motion with leave to amend. I. BACKGROUND A. Factual Background Plaintiff Dai Trang Thi Nguyen brings this action against Defendant the City of San Jose (the “City”) and individual Defendants William Gerry, Joseph Hatfield, Rachel Roberts, Edgardo Garcia, and Does 1-100’s (collectively, “Defendants”) for violation of her…

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