Represented Department of Health and Human Services and Child Protective Services

Successfully brought a Motion to Dismiss for failure to state a claim under the Bane Act on behalf of Department of Health and Human Services and Child Protective Services for alleged failure to remove a child.  The Court held that plaintiff could not support a claim under the Bane Act which prohibits any person from interfering by threats intimidation or coercion with the exercise or enjoyment by any individual of rights secured by the constitution.  (California Civil Code Section 52.1.) Court granted plaintiff an opportunity for leave to amend but plaintiff declined to pursue this claim realizing it would be fruitless.