Opinion
No. C09-4116 BZ.
February 2, 2010
ORDER GRANTING MOTION TO DISMISS
Before the Court is the motion of defendant City of Hayward to dismiss this civil rights complaint on two grounds. Plaintiffs concede their failure to file a state administrative claim and do not oppose dismissal of their state law claims.
As to the adequacy of the federal claims in the complaint, both sides' briefing is underwhelming. However, the Court is concerned that the complaint may not meet the pleading requirements ofAshcroft v. Iqbal, ___ U.S. ___, 129 S. Ct. 1937 (2009), particularly as to the moving defendant. See Monell v. Department of Social Services, 436 U.S. 658, 692-95 (1978).
The Court finds no need for argument and VACATES the hearing presently scheduled for February 17, 2010. IT IS ORDERED that defendant's motion to dismiss is GRANTED. The state law claims are dismissed and leave to amend the federal claims is GRANTED. Plaintiff shall file an amended complaint by February 22, 2010.