Ervin
Ervin v. San Diego, County of
Opinion
Trial Court Opinion
I. BACKGROUND
20 On May 6, 2014, Plaintiff John L. Ervin, proceeding pro se, commenced this action by 21 filing a Complaint against Defendant County of San Diego (“the County”), alleging that 22 the County violated 42 U.S.C. § 1983 and seeking damages and injunctive relief arising 23 from Plaintiff being listed on the Child Abuse Central Index (“CACI”). (ECF No. 1). 24 On July 21, 2014, the Court issued an Order staying the action “pending final 25 resolution of the related action pending in San Diego Superior Court.” (ECF No. 9 at 2). 26 On February 13, 2015, the Court issued an Order granting a Motion to Reopen the action. 27 (ECF No. 30 at 3). 28 On April 1, 2015, Plaintiff filed the First Amended Complaint (“FAC”), alleging claims against the County, as well as newly-named Defendants Brenda Daly, Robert Lough, Debra Zanders-Willis, and the California Attorney General. (ECF No. 40). On September 24, 2015, the Court granted two Motions to Dismiss (ECF Nos. 43, 53) and dismissed the FAC without prejudice. (ECF No. 61). On December 21, 2015, Ervin filed the Second Amended Complaint (“SAC”). (ECF No. 75). The SAC asserts claims against the…