1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 PAULA L. WATSON, Case No.: 20-CV-476-CAB-WVG

12 Plaintiff, ORDER DENYING MOTION TO 13 v. DISMISS

14 LOUIS KOMJATHY, [Doc. No. 6] 15 Defendant. 16 17 18 The complaint in this action asserts three claims under California state law: (1) 19 violation of the Ralph Civil Rights Act (

); (2) violation of the Bane 20 Civil Rights Act (

); and (3) intentional infliction of emotional distress. 21 Defendant moves to dismiss only the two statutory claims1 based primarily on evidence 22 outside of the complaint that he believes defeats these claims. Moreover, the motion relies 23 primarily on cases addressing claims under these statutes on summary judgment or after 24 trial. As this is a motion to dismiss, however, the Court “accept[s] factual allegations in 25

26 1 Although the motion argues only for dismissal of the statutory claims, in the conclusion of the motion 27 Defendant asks the Court to dismiss the complaint in its entirety without leave to amend. [Doc. 6-1 at 16.] The reply, however, corrects this apparent error and asks only for dismissal of the first two claims. [Doc. 28 1 complaint as true and construe[s] the pleadings in the light most favorable to the 2 ||nonmoving party.” Manzarek v. St. Paul Fire & Marine Ins. Co.,

, 1031 3 || (9th Cir. 2008). Applying this standard, the Court finds that the allegations in the complaint 4 ||related to the two statutory claims are “plausibly suggestive of [claims] entitling the 5 || plaintiff to relief.” Moss v. U.S. Secret Serv.,

(9th Cir. 2009) (quotation 6 || marks omitted). 7 Accordingly, Defendant’s motion to dismiss is DENIED. 8 It is SO ORDERED. 9 ||Dated: April 28, 2020 € Z 10 Hon. Cathy Ann Bencivengo 1 United States District Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28