# Steshenko v. Board of Trustees of Foothill-De Anza Community College District

> District Court, N.D. California · September 5, 2025

URL: https://www.frixlaw.com/law-library/cases/11134197

## Case

- **Court:** District Court, N.D. California
- **Decided:** September 5, 2025
- **Opinion:** 100trialcourt
- **Cited by:** 0 later opinions in the Frix Law Library

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## Opinion text

1
2
3
4 UNITED STATES DISTRICT COURT
5 NORTHERN DISTRICT OF CALIFORNIA
6
7 GREGORY NICHOLAS STESHENKO, Case No. 24-cv-06126-SVK

8 Plaintiff,
ORDER ON DEFENDANTS’ MOTION
9 v. TO DISMISS OR STRIKE FIRST
AMENDED COMPLAINT
10 BOARD OF TRUSTEES OF FOOTHILL-
DE ANZA COMMUNITY COLLEGE Re: Dkt. No. 36
11 DISTRICT, et al.,

12 Defendants.

13 In the fall quarter of 2016, Plaintiff Gregory Steshenko, proceeding here pro se, enrolled in
14 the Medical Laboratory Technician (“MLT”) program offered by the Foothill-De Anza
15 Community College District (“District”). Dkt. 35 (First Amended Complaint-“FAC”) ¶ 47.
16 This case against the District, its Board of Trustees (“Board”), the individual trustees, and one
17 employee of the District is the latest in a series of cases filed by Plaintiff arising from his
18 unsuccessful attempts to complete the MLT program. All Parties have consented to the
19 jurisdiction of a magistrate judge. Dkt. 11, 13.
On April 8, 2025, the Court granted-in-part and denied-in-part Defendants’ motion to
20
dismiss the original complaint. Dkt. 24 (the “4/8/25 Order”). Although the Court dismissed some
21
of Plaintiff’s claims against certain Defendants without leave to amend, the Court granted Plaintiff
22
leave to amend certain portions of the complaint to attempt to address the deficiencies identified in
23
the 4/8/25 Order. Id. Plaintiff thereafter filed the FAC. Dkt. 35.
24
Now before the Court is Defendants’ motion to dismiss and strike the FAC. Dkt. 36.
25
This matter is suitable for determination without a hearing. Civ. L.R. 7-1(b). For the reasons that
26
follow, Defendants’ motion to dismiss is GRANTED and Defendants’ motion to strike is
27
DENIED AS MOOT.
I. BACKGROUND
1
The factual background of this case is discussed at length in the 4/8/25 Order. In that
2
order, the Court dismissed some of Plaintiff’s claims against certain defendants without leave to
3
amend, but the Court granted Plaintiff leave to amend certain portions of the complaint in an effort
4
to address the deficiencies identified by the Court. The 4/8/25 Order contained the following chart
5
summarizing the Court’s rulings:
6

7 Cause of Action District Board of Trustees Individual
Defendants
8
1. Interference with Dismissed without Dismissed without Official-capacity
9 plaintiff’s civil leave to amend LTA – sovereign claims for damages
rights to petition (“LTA”) – sovereign immunity and retrospective
10 government/seek immunity relief: dismissed
redress of without LTA –
11
grievances sovereign immunity
12 afforded by
Privileges & Official-capacity
13 Immunities claims for prospective
Clause; 1st relief: dismissed
14 Amendment; 14th with LTA
Amendment Equal - Failure to state a
15
Protection; and claim
16 CA Const. Art. 1 §
3(a) Individual-capacity
17 claims: dismissed
with LTA
18 - Failure to state a
claim
19

20 2. Retaliation for Dismissed with LTA Dismissed with LTA Dismissed without
filing an age - Failure to state - Failure to state LTA – no individual
21 discrimination a claim a claim liability under ADEA,
complaint (under ADA, or FEHA; no
22 Age private right of action
Discrimination in for violation of CCR
23
Employment Act
24 (ADEA), Age
Discrim. Act of
25 1975; FEHA; 2
CCR 11021)
26 3. Violation of Right Dismissed without Dismissed without Official-capacity
to Due Process LTA – sovereign LTA – sovereign claims for damages
27
(14th Am. and Cal. immunity immunity and retrospective
without LTA –
1
sovereign immunity
2
Official-capacity
3 claims for prospective
relief: dismissed
4 with LTA
- Failure to state a
5
claim
6
Individual-capacity
7 claims: dismissed
with LTA
8 - Failure to state a
claim
9

10 4. Breach of Dismissed cause of Dismissed cause of Dismissed cause of
obligations arising action and request action and request action and request
11 from operation of for punitive for punitive for punitive
law (Cal. Civ. damages with LTA damages with LTA damages with LTA
12 Code § 1428) - Failure to state - Failure to state - Failure to state
a claim a claim a claim
13

14 5. Breach of contract Dismissed cause of Dismissed cause of Dismissed cause of
action and request action and request action and request
15 for punitive for punitive for punitive
damages with LTA damages with LTA damages with LTA
16
4/8/25 Order at 26-27.
17
Following the 4/8/25 Order, Plaintiff filed the FAC. Dkt. 35. The FAC contains causes of
18
action for: (1) interference with Plaintiff’s civil rights to petition the government and seek redress
19
of grievances in court; (2) retaliation for filing an age discrimination complaint; (3) violation of
20
right to due process; (4) breach of obligations arising from operation of law; and (5) breach of
21
contract. Id.
22
Defendants now move to dismiss or strike the FAC, and Plaintiff opposes Defendants’
23
motion. Dkt. 36 (Motion), 38-39 (Opp.), 40-41 (Reply).
24
II. LEGAL STANDARD FOR MOTION TO DISMISS
25
Under Federal Rule of Civil Procedure 12(b)(6), a district court must dismiss a complaint
26
if it fails to state a claim upon which relief can be granted. In ruling on a motion to dismiss, courts
27
1 matters of which the court may take judicial notice.” Metzler Inv. GmbH v. Corinthian Colls.,
2 Inc., 540 F.3d 1049, 1061 (9th Cir. 2008). In deciding whether the plaintiff has stated a claim, the
3 court must presume the plaintiff’s allegations are true and draw all reasonable inferences in the
4 plaintiff’s favor. Usher v. City of L.A., 828 F.2d 556, 561 (9th Cir. 1987). However, the court is
5 not required to accept as true “allegations that are merely conclusory, unwarranted deductions of
6 fact, or unreasonable inferences.” In re Gilead Scis. Sec. Litig., 536 F.3d 1049, 1055 (9th Cir.
7 2008).
8 To survive a motion to dismiss, the plaintiff must allege “enough facts to state a claim to
9 relief that is plausible on its face.” Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007).
10 This “facial plausibility” standard requires the plaintiff to allege facts that add up to “more than a
11 sheer possibility that a defendant has acted unlawfully.” Ashcroft v. Iqbal, 556 U.S. 662 (2009).
12 If a motion to dismiss is granted, the court must grant leave to amend unless it is clear that
13 the complaint’s deficiencies cannot be cured by amendment. Lucas v. Dep’t. of Corr., 66 F.3d
14 245, 248 (9th Cir. 1995).
15 III. ANALYSIS
16 Defendants’ present motion to dismiss challenges all five causes of action in the FAC.
17 Dkt. 36. The Court will address the first three causes of action, which arise under federal law,
18 before turning to the fourth and fifth causes of action, which are state law claims.
19 A. Federal Claims: First, Second, and Third Causes of Action
20 1. First Cause of Action: Interference with Civil Rights to Petition the
Government and Seek Redress of Grievances
21
Plaintiff’s first cause of action claims that Defendants violated 42 U.S.C. § 1983 by
22
retaliating against him for filing state court lawsuits. See FAC ¶¶ 85-89. In the 4/8/25 Order,
23
the Court held that the District and Board are entitled to sovereign immunity on the first cause of
24
action, and that sovereign immunity also bars the first cause of action as to the individual
25
defendants to the extent they were sued for claims for damages or retrospective relief in their
26
official capacities. 4/8/25 Order at 7-11. Accordingly, the Court dismissed the first cause of
27
action and gave Plaintiff leave to amend that cause of action only to the extent he was suing the
1 individual defendants in their individual capacities or for prospective injunctive relief in their
2 official capacities. Id. at 18.
3 To state a claim for First Amendment retaliation, a plaintiff must plausibly allege that
4 (1) he was engaged in a constitutionally protected activity, (2) defendants’ actions would chill a
5 person of ordinary firmness from continuing to engage in the protected activity, and (3) the
6 protected activity was a substantial or motivating factor in the defendant's conduct. Capp v. Cnty.
7 of San Diego, 940 F.3d 1046, 1053 (9th Cir. 2019); see also 4/8/25 Order at 15. In the 4/8/25
8 Order, the Court held that although Plaintiff had adequately alleged that he engaged in the
9 protected activity of initiating state court litigation against Defendants, the original complaint
10 failed to adequately allege an adverse action by Defendants or the required causal nexus between
11 the adverse action by Defendants and Plaintiff’s protected conduct. 4/8/25 Order at 14-18. The
12 Court gave Plaintiff leave to amend the first cause of action to attempt to address these
13 deficiencies as to the individual defendants (again, only to the extent he sues them in their
14 individual capacities or for prospective injunctive relief in their official capacities). Id. at 18.
15 In moving to dismiss the first cause of action in the FAC, Defendants concede that Plaintiff
16 was engaged in constitutionally-protected activity when he sued them in state court, but
17 Defendants argue that the FAC still does not contain the necessary factual allegations regarding
18 adverse action or a causal nexus. Dkt. 36 at 8-11. In his opposition, Plaintiff confirms that the
19 first cause of action in the FAC seeks to claim that “defendant denied him enrollment into the
20 required for graduation courses, to which he is entitled, as a retaliation for his prior lawsuit
21 alleging breach of defendant’s obligations and age discrimination.” Dkt. 38 at 14. Plaintiff argues
22 that the FAC is sufficient, pointing to allegations that he says establish that (1) “[s]ince the
23 completion of the prerequisites in 2017, Plaintiff has been entitled to enroll into the Practicum
24 courses,” (2) the trustees have authority over the District that is delegated to the District’s
25 employees, (3) a student cannot enroll into the Practicum courses without an assignment by the
26 MLT Program Director to a “clinical affiliate site,” and (4) it was necessary to formally request
27 from the trustees and the newly appointed MLT Program Director permission to enroll, which
1 FAC cited therein. Plaintiff argues that “the totality of circumstances allows to make [sic] a
2 reasonable inference that defendants retaliated to plaintiff for his protected activity, which is filing
3 a lawsuit against the District.” Dkt. 38 at 17.
4 The FAC is much longer than original complaint. However, much of the new material in
5 the FAC relates to Plaintiff’s disagreement with the 4/8/25 Order. See, e.g., FAC ¶ 1 (“Preamble”
6 asserting that the 4/8/25 Order contained “clearly erroneous substantive rulings”); id. ¶¶ 59, 66,
7 69, 73, 75, 81, 107, 114, 117, 121, 123, 129, 139, 165, 172, 175, 179, 181, 187, 190, 192, 215,
8 222, 225, 229, 231, 237, 264, 271, 274, 278, 281, 287, 301 (taking issue with various portions of
9 4/8/25 Order).1 In the FAC, Plaintiff explains that “[t]o preserve the record on appeal, plaintiff
10 will restate in FAC the legal theories already rejected by” the Court. Id. ¶ 1. Accordingly,
11 Plaintiff expressly demarcates much of the new material in the FAC as “For the appellate
12 purposes only.” Id. at pp. 6, 27, 43, 59, 72, 88 (emphasis in original).
13 Aside from the new material directed at objecting to the 4/8/25 order and attempting to
14 preserve issues for appeal, the FAC contains few if any new factual allegations and fails to correct
15 the deficiencies in the first cause of action that the Court identified in the 4/8/25 Order: the
16 absence of sufficient allegations of an adverse action and a causal nexus between the adverse
17 action and Plaintiff’s protected activities. See 4/8/25 Order at 15-18. As to the adverse action
18 element, the premise of the FAC is that (1) Plaintiff had a right to enroll in the practicum classes
19 that were a requirement of the MLT program; (2) the Catalog and other information provided to
20 Plaintiff indicated that the permission of the MLT Program Director was required to enroll in the
21 practicum classes; (3) he emailed the MLT Program Director to request enrollment; and (4) she
22
1 The FAC repeatedly mischaracterizes the 4/8/25 Order as having made determinative findings on
23
various issues. As just one example, paragraph 59 of the FAC states that the Court claimed in the
order “that (1) plaintiff cannot enroll into the courses by sending a demand letter to defendant
24
(at 16:8-16); (2) defendants have no duty to respond to plaintiff’s letter or to allow him to enroll
(at 16:17-28).” The 4/8/25 made no such claims or findings. The cited portions of the 4/8/25
25
order instead concluded that “there are no facts in the complaint suggesting that a student may
enroll in De Anza MLT courses simply by sending an email such as the one Plaintiff sent” and
26
that “[t]he complaint provides no factual basis to support the inference upon which Plaintiff
relies: that the recipients of Plaintiff’s March 20, 2024 email had a duty to respond to the email.”
27
4/8/25 order at 16:9-11, 16:24-25 (emphasis added). In other words, the Court found only that
1 did not respond, thereby precluding him from enrolling. See generally FAC ¶¶ 65-83. On the
2 second issue (regarding whose permission was necessary to enroll), the Catalog excerpts attached
3 to the Complaint, along with Plaintiff’s allegations about what he was told about how to enroll, are
4 sufficient for pleading purposes to make plausible his allegation that the MLT Program Director’s
5 permission to enroll was required. See FAC ¶¶ 59, 82; see also Ex. 1 to FAC at PDF p. 141
6 (information re HTEC 180 – HTEC 184). Nevertheless, there are problems with the other aspects
7 of Plaintiff’s attempt to plead adverse action. First, Plaintiff has not addressed the deficiencies
8 identified in the 4/8/25 Order: there are no facts in the FAC suggesting that emailing the MLT
9 Program Director and/or trustees was an appropriate method to seek enrollment in the practicum
10 courses. Plaintiff does not offer any factual support for the notion that a student may register for a
11 community college practicum course simply by sending an email to the MLT Program Director
12 and/or the college trustees. Second, there are no facts in the FAC that would transform
13 Defendants’ inaction (failure to respond to an email) into an adverse action (refusal to enroll
14 Plaintiff). In his opposition to the motion to dismiss, Plaintiff admits that “[a] mere failure to
15 respond is not by itself an adverse action.” Dkt. 38 at 15 n.4. However, he argues that “when it
16 results in a denial of plaintiff’s legal entitlement, it becomes a materially adverse act.” Id.
17 (citations omitted). This brings us to the third problem with Plaintiff’s attempt to plead adverse
18 action: Plaintiff’s position that he had a right to enroll in the practicum classes, which is based on
19 his interpretation of various California regulations (see FAC ¶¶ 65-80), is a legal conclusion that
20 the Court is not required to accept as true. See Lacano Investments, LLC v. Balash, 765 F.3d
21 1068, 1071 (9th Cir. 2014) (“While we do accept all of the factual allegations in the complaint as
22 true … we do not accept legal conclusions in the complaint as true, even if case in the form of
23 factual allegations” (emphasis in original; internal quotation marks and citation omitted)).
24 Under the circumstances of this case, the failure of the recipients to respond to Plaintiff’s email
25 does not plausibly constitute an “adverse action” for purposes of stating a claim for First
26 Amendment retaliation.
27 Even if Plaintiff had adequately pleaded facts showing an adverse action by Defendants,
1 substantial or motivating factor in the Defendants’ conduct. Plaintiff argues that an inference can
2 satisfy this element. Dkt. 38 at 17. The “substantial or motivating factor” element may be proven
3 by indirect evidence such as timing evidence. See Watison v. Carter, 668 F.3d 1108, 1114 (9th
4 Cir. 2012) (“Because direct evidence of retaliatory intent rarely can be pleaded in a complaint,
5 allegation of a chronology of events from which retaliation can be inferred is sufficient to survive
6 dismissal”). As discussed in the 4/8/25 Order, however, the 7.5-month lapse of time between the
7 appeals court ruling in one of the state court cases and Plaintiff’s email requesting enrollment is
8 longer than time gaps that have been found to be too long to give rise to a plausible inference of
9 causation. See 4/8/25 Order at 17.
10 The FAC attempts to bolster the facts upon which an inference of causation could rest by
11 claiming not only that there is a proximity in time between Plaintiffs’ state court lawsuits and
12 denial of his enrollment, but also that Defendants’ denial of Plaintiff’s enrollment was “clearly
13 unlawful” and that Defendants treated individuals who did not engage in Plaintiff’s protected
14 activities more favorably. FAC ¶ 87. These assertions are conclusions, unsupported by adequate
15 factual allegations in the FAC. As discussed earlier in this section, Plaintiff’s contention that he
16 had a right to enroll is a legal conclusion. On the issue of disparate treatment, Plaintiff does not
17 offer any facts of “similarly situated” students being treated differently by Defendants.
18 Notably, the facts that are alleged by Plaintiff establish that his inability to enroll in the
19 practicum classes predated his state court litigation and in fact prompted that litigation. See, e.g.,
20 FAC ¶¶ 47-54 There simply are no factual allegations to support the theory that Plaintiff’s
21 lawsuits were a substantial or motivating factor in Plaintiff’s continued and more recent inability
22 to enroll in the practicum courses. An equally if not more plausible inference is that Defendants
23 concluded Plaintiff was not entitled to enroll—a conclusion that finds support in Plaintiff’s
24 unsuccessful state court litigation against Defendants. See Capp, 940 F.3d at 1055 (noting that
25 although allegations of a chronology of events from which retaliation can be inferred may be
26 sufficient, Supreme Court has “admoni[shed] that an allegation is not plausible where there is an
27 ‘obvious alternative explanation’ for alleged misconduct” (quoting Iqbal, 556 U.S at 682).
1 absurd results in this case. Even though Plaintiff lost the state court litigation in which he
2 challenged his inability to enroll in the practicum classes, he would be permitted to pursue a claim
3 that Defendants retaliated against him for bringing the unsuccessful state court case by continuing
4 to refuse to enroll him in the classes, thereby seeking to force Defendants to enroll him in the
5 classes. Simply put, Plaintiff cannot obtain through a First Amendment retaliation claim here
6 what he could not obtain directly through the First Amendment activity (initiating unsuccessful
7 state court litigation) itself.
8 For these reasons, Plaintiff has failed to plead all necessary elements of a claim that
9 Defendants retaliated against him for exercising his First Amendment rights. Accordingly,
10 Defendants’ motion to dismiss the first cause of action is GRANTED.
11 2. Second Cause of Action: Retaliation for Filing an Age Discrimination
Complaint
12
Plaintiff’s second cause of action in the original complaint alleged retaliation for his filing
13
of an age discrimination claim in violation of the Age Discrimination in Employment Act
14
(29 U.S.C. § 621 et seq. - the “ADEA”); the Age Discrimination Act of 1975 (42 U.S.C. §§ 6101
15
et seq. – the “ADA”); Cal. Gov’t C. § 12940(h) (“FEHA”); and 2 Cal. C. Regs. § 11021. See
16
Dkt. 1 ¶¶ 66-69. In the 4/8/25 Order, the Court dismissed the second cause of action without leave
17
to amend as to the individual defendants because individuals cannot be held liable for retaliation
18
under the ADEA, the ADA, or FEHA, and because Plaintiff did not establish the existence of a
19
private right of action under the cited FEHA regulation. 4/8/25 Order at 18-19. The Court also
20
dismissed the second cause of action as to the District and Board because it failed to state claim;
21
specifically, the Court held that Plaintiff “has not pleaded facts to support a plausible case that
22
Defendants took adverse action against him as a result of his complaints about age
23
discrimination.” Id. at 19-20. The Court gave Plaintiff leave to amend the second cause of action
24
only as to the District and Board if he was able to address this deficiency. Therefore, under the
25
4/8/25 Order, Plaintiff’s second cause of action for retaliation was dismissed without leave to
26
amend as to the individual defendants, but Plaintiff had an opportunity to try to amend that cause
27
of action as to the District and Board.
1 The FAC states in a paragraph labeled “[f]or the appellate purposes only” that the second
2 cause of action is alleged against all defendants. FAC ¶ 144. However, the following three
3 paragraphs address only the liability of the individual defendants. Id. ¶¶ 145-147. Plaintiff asserts
4 that “[a]s the individual defendants are not sued here under the anti-retaliatory provisions of
5 ADEA, the Age Discrimination Act of 1975, FEHA and 2 CCR § 11074, this claim under
6 42 U.S.C. § 1983 does not contradict [the Court’s] dismissal with prejudice of the claims against
7 individual defendants.” Id. ¶ 146. Given this statement and the fact that Plaintiff begins the
8 second cause of action with almost verbatim repetition of Plaintiff’s allegations in the first cause
9 of action as to why he claims Defendants were obligated to enroll him in the practicum courses
10 (compare FAC ¶¶ 47-83 and id. ¶¶ 96-131), it appears that Plaintiff no longer seeks to assert a
11 claim for retaliation in violation of ADEA, ADA, FEHA, or the cited FEHA regulation. Plaintiff
12 explains in his opposition to the motion to dismiss that “[t]he chief difference between the first
13 and the second causes of action [in the FAC] is the nature of plaintiff’s actions for which he was
14 retaliated.” Dkt. 38 at 17. This is consistent with the fact that the first cause of action in the FAC
15 identifies the protected activity as filing a lawsuit (FAC ¶ 85) and the second cause of action
16 identifies the protected activity as complaining about age discrimination (id. ¶ 133).
17 Even if the Court were otherwise inclined to grant Plaintiff leave to further amend the
18 second cause of action to clarify which Defendants are sued and on what basis, the second cause
19 of action nevertheless remains defective for the additional reasons identified in the 4/8/25 Order:
20 it does not contain facts to support a plausible case that Defendants took adverse action against
21 him as a result of his complaints about age discrimination. See 4/8/25 Order at 19-20. Plaintiff
22 alleges that causation may be inferred from: (1) Defendants’ “clearly unlawful” denial of
23 Plaintiff’s enrollment, which they were “obligated to permit … as a matter of law”;
24 (2) Defendants’ denial of Plaintiff’s enrollment at a time when one of Plaintiff’s state court
25 lawsuits was recently terminated and the other was still pending; and (3) denial of Plaintiff’s
26 entitlement to enroll while allowing the enrollment “to other students who did not complain about
27 defendants.” FAC ¶¶ 140-143. These allegations do not plausibly establish or create an inference
1 inability to enroll in the practicum courses. For the reasons explained in connection with
2 Plaintiff’s first cause of action in section III.A.1 above, the FAC does not contain facts that
3 plausibly establish his right to enroll in the practicum courses or that Defendants took adverse
4 action against him. Moreover, Plaintiff continues to rely on a “proximity of time” argument
5 despite the Court’s explanation in the 4/8/25 Order that “the mere fact that the [alleged adverse
6 actions] took place after [plaintiff’s protected activity] is not sufficient by itself to give rise to an
7 inference of a causal link.” 4/8/25 Order at 17. In addition, Plaintiff’s allegation of disparate
8 treatment is conclusory and lacks any factual support. See FAC ¶ 143.
9 For these reasons, the second cause of action in the FAC fails to state a claim, and
10 Defendants’ motion to dismiss the second cause of action is GRANTED.
11 3. Third Cause of Action: Violation of Right to Due Process under the
Fourteenth Amendment and California Constitution
12
In the 4/8/25 Order, the Court identified the elements of a procedural due process claim
13
and found that the original complaint did not “allege sufficient facts to state a plausible case that
14
Defendants’ alleged non-response to Plaintiff’s email resulted in deprivation of Plaintiff’s right to
15
a public education without due process.” 4/8/25 Order at 21-22. The Court dismissed Plaintiff’s
16
third cause of action for violation of his due process rights under the Fourteenth Amendment and
17
the California Constitution without leave to amend as to the District and Board and also as to the
18
individual defendants to the extent they are sued for damages and other retrospective in their
19
official capacity. Id. at 7-11, 20, 22. The Court gave Plaintiff leave to amend the third cause of
20
action as to the individual defendants to the extent they are sued in their individual capacity and/or
21
for prospective injunctive relief in their official capacity. Id. at 22.
22
Plaintiff’s due process claim in the FAC fails to address the deficiencies identified in the
23
4/8/25 Order. As discussed in section III.A.1 above with respect to Plaintiff’s first cause of action,
24
the allegations of the FAC are not sufficient to state a plausible case that Plaintiff was legally
25
entitled to enroll in the practicum classes or that Defendants were required to enroll him in
26
response to his email.
27
Accordingly, the third cause of action fails to state a claim for violation of Plaintiff’s due
1 process rights, and Defendants’ motion to dismiss the third cause of action is GRANTED.
2 4. Conclusion on Federal Claims: First, Second, and Third Causes of
Action
3
For the reasons discussed above, the Court grants Defendants’ motion to dismiss the First,
4
Second, and Third causes of action in the FAC. “[A] district court need not grant leave to amend
5
where the amendment: (1) prejudices the opposing party; (2) is sought in bad faith; (3) produces
6
an undue delay in litigation; or (4) is futile.” Sonner, 971 F.3d at 845 (quoting
7
AmerisourceBergen Corp. v. Dialysist W., Inc., 465 F.3d 946, 951 (9th Cir. 2006)). Here, after
8
carefully considering the relevant factors, the Court dismisses the first, second, and third causes of
9
action in the FAC WITHOUT LEAVE TO AMEND. Plaintiff has not been able to plead viable
10
theories, even with the benefit of the guidance provided by Defendants’ motions to dismiss and
11
the Court’s detailed 4/8/25 Order. Instead, Plaintiff used the previous opportunity to amend his
12
complaint in large part to simply rehash certain arguments already rejected by the Court and to
13
express his disagreement with the Court’s 4/8/25 Order. In opposition to the current motion to
14
dismiss, Plaintiff has not articulated how the defects in the FAC can be cured by further
15
amendment.
16
Having dismissed the first, second, and third causes of action without leave to amend for
17
failure to state a claim, the Court need not reach Defendants’ additional arguments that those
18
causes of action fail to state facts supporting a claim for punitive damages and that the claims are
19
barred by the statute of limitations. The Court also need not reach Defendants’ arguments as to
20
why the Court should strike certain portions of the FAC.
21
B. State Claims: Fourth and Fifth Causes of Action
22
Having dismissed each of Plaintiff’s federal claims without leave to amend, the Court
23
declines to exercise supplemental jurisdiction over Plaintiff’s remaining claims (i.e., the fourth
24
cause of action for breach of obligations arising under operation of law pursuant to various
25
California statutes and regulations and the fifth cause of action for breach of contract), which arise
26
under state law. See 28 U.S.C. § 1367(c) (“The district courts may decline to exercise
27
supplemental jurisdiction over a claim [brought under supplemental jurisdiction] if … the district
1 court has dismissed all claims over which it has original jurisdiction”).
2 || IV. CONCLUSION
3 Accordingly, the motion to dismiss the FAC is GRANTED. The federal claims
4 (First, Second, and Third Causes of Action) are DISMISSED WITHOUT LEAVE TO
5 AMEND, and the Court DECLINES to exercise supplemental jurisdiction over the state law
6 claims (Fourth and Fifth Causes of Action). Defendants’ motion to strike portions of the FAC is
7 || DENIED AS MOOT.
8 SO ORDERED.
9 Dated: September 5, 2025
10
Sess yal
SUSAN VAN KEULEN
12 United States Magistrate Judge

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/11134197. Public record. Not legal advice.