Portillo
Portillo v. City of National City
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 12 CECILIA PORTILLO, Case No.: 20-cv-2429 W (MDD)
Plaintiff,
ORDER GRANTING DEFENDANT’S
v. REQUEST FOR JUDICIAL NOTICE
AND MOTION TO DISMISS [DOC.
CITY OF NATIONAL CITY, 12] WITH LEAVE TO AMEND Defendants 18 19 Pending before the Court is Defendant’s motion to dismiss the First Amended Complaint (“FAC”) under Federal Rule of Civil Procedure 12(b)(6). Along with the motion, Defendant has filed a request for judicial notice. Plaintiff opposes the motion, but not the request for judicial notice. The Court decides the matter on the papers submitted and without oral argument. See Civ. L.R. 7.1(d.1). For the following reasons, the Court GRANTS Defendant’s request for judicial notice and motion to dismiss [Doc. 12] WITH LEAVE TO AMEND. 28 I. BACKGROUND In late October and early November 2019, Plaintiff Cecilia Portillo was a “homeless vagrant living on the streets of the…