O'Shea

O'Shea v. County of San Diego

Good Law
United States District Court, Southern District of CaliforniaSeptember 24, 20193:19-cv-01243California3,725 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

10 MARY B. O’SHEA, Case No. 19-cv-1243-BAS-BLM 11 Plaintiff, ORDER GRANTING DEFENDANT’S MOTION TO

DISMISS

v. [ECF No. 3] COUNTY OF SAN DIEGO, ERICA LEE, et al., 15 Defendants. 16 17 Defendant County of San Diego (“the County”) moves to dismiss Plaintiff Mary B. O’Shea’s Complaint under Federal Rule of Civil Procedure 12(b)(6). Because the Court agrees that the causes of action are barred by the applicable statute of limitations, the Court GRANTS the Motion, but gives Plaintiff leave to amend.1 I. ALLEGATIONS IN THE COMPLAINT Plaintiff brings this Complaint under 42 U.S.C. § 1983 for a violation of the 24 25 1 Plaintiff requested that the Court defer ruling on the Motion to Dismiss for thirty days while she 26 considered the possibility of filing an amended complaint. The Court agreed to do so. (ECF No. 17.) The thirty days has expired without a new complaint. Therefore, the Court moves forward with the Motion to Dismiss, but gives Plaintiff…

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