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 DEFENDANTS’
v. MOTIONS TO DISMISS [DOCS. 18, 21] WITHOUT LEAVE TO AMEND CITY OF NATIONAL CITY, and DOES 1-10, 17 Defendants. 18 19 Pending before the Court are motions to dismiss by Defendant City of National City and Defendant National City Police Department under Federal Rule of Civil Procedure 12(b)(6). Plaintiff opposes the motions. 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 Defendants’ motions to dismiss [Docs. 18, 21] WITHOUT LEAVE TO AMEND. 26 27 28 I. BACKGROUND A. Facts giving rise to the lawsuit. In late October and early November 2019, Plaintiff Cecilia Portillo was a “homeless vagrant living on the streets of the [Defendant] City of National City.” (SAC [Doc. 16] ¶ 12.) The City was “performing a sweep in…