D.V. v. City of Sunnyvale

[Re: Docket No. 11]

ORDER GRANTING IN PART AND DENYING IN PART MOTION TO DISMISS

RONALD M. WHYTE, United States District Judge

Defendant City of Sunnyvale (“Sunnyvale”) moves to dismiss the complaint. Dkt. No. 11 (“Mot.”). Pursuant to Civil Local Rule 7 — 1(b), the court finds this matter suitable for decision without oral argument and therefore vacates the August 22, 2014 hearing. For the reasons explained below, the court GRANTS IN PART and DENIES IN PART Sunnyvale’s motion to dismiss.

I. BACKGROUND

This civil rights case arises out of an incident occurring in the parking lot of a *784Sunnyvale…