Judge grants County of Humboldt's motion to dismiss FAC, but Christie can file SAC

 

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Judge Noel Wise granted County of Humboldt's motion to dismiss First Amended Complaint. But Ray Christie can file a Second Amended Complaint.

P. 15 : "The Court GRANTS Defendants’ motion to dismiss all of Plaintiff’s claims with leave to 

amend in part, and without leave to amend in part. Courts have broad discretion to grant leave to amend a complaint. Nguyen v. Endologix, 

Inc., 962 F.3d 405, 420 (9th Cir. 2020). Generally, Rule 15 advises that “[t]he court should freely 

give leave when justice so requires.” Fed. R. Civ. P. 15(a)(2). Indeed, “[i]t is black-letter law that 

a district court must give plaintiffs at least one chance to amend a deficient complaint,” unless 

there is “a clear showing that amendment would be futile.” Barke v. Banks, 25 F.4th 714, 721 (9th Cir. 2022) (internal quotation marks and citation omitted).

The Court finds that it is not clearly futile for Plaintiff to amend his claims brought under 

theories of unreasonable arrest, unreasonable search and seizure, malicious prosecution, deliberate fabrication of evidence, retaliation, and Monell liability. Accordingly, the Court GRANTS  Plaintiff leave to amend Claims 1–5 and 7 as to the County, Defendant Honsal, and Defendant Mendes."

I spoke with Ray Christie's attorney, Mr. Rick Richmond."It is not an unexpected development in federal court. We feel highly confident that we can amend the complaint that will satisfy the Judge."

"Of the 7 claims, Judge Wise only took one out completely; she took out conspiracy. The remaining 6 claims, we have time to amend."