Cotton
Cotton v. Geraci
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 DARRYL COTTON, an individual, Case No.: 18cv325-JO-DEB
Plaintiff,
ORDER GRANTING MOTIONS TO
v. DISMISS SECOND AMENDED
COMPLAINT WITHOUT LEAVE
GINA M. AUSTIN, an individual;
TO AMEND
JESSICA MCELFRESH, an individual; 15 DAVID S. DEMIAN, an individual; and DOES 1-50, inclusive, Defendants. 18 19 20 Plaintiff Darryl Cotton, proceeding pro se, filed a Second Amended Complaint alleging two causes of action under 42 U.S.C. §§ 1983 and 1985 against Defendants David S. Demian, Gina M. Austin, and Jessica McElfresh. Dkt. 97 (SAC). Defendants filed motions to dismiss the SAC for failure to state a claim. Dkts. 98, 99, 100. For the reasons discussed below, the motions to dismiss are GRANTED. 26 27 28 I. BACKGROUND The claims in this litigation stem from Plaintiff’s agreement to sell his property to a businessman named Larry Geraci and his attempts to obtain a cannabis permit for this…