Escamilla et al v. Echelon Communities, LLC

Filing 30

Order by Magistrate Judge Lisa J. Cisneros granting in part and denying in part 18 Motion to Dismiss; granting 19 Request for Judicial Notice. (ljclc1, COURT STAFF) (Filed on 12/4/2023)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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EDUARDO ESCAMILLA, et al.,

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Plaintiffs,

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v.

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ECHELON COMMUNITIES, LLC,

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Defendant.

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United States District Court
Northern District of California

Case No. 23-cv-03132-LJC
ORDER GRANTING IN PART AND
DENYING IN PART DEFENDANT’S
MOTION TO DISMISS; GRANTING
REQUEST FOR JUDICIAL NOTICE
Re: ECF Nos. 18, 19

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Before the Court is Defendant Echelon Communities, LLC’s Motion to Dismiss Plaintiffs

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Eduardo Escamilla1 and Luisa Cordero’s Complaint. ECF No. 18. Plaintiffs allege three claims

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against Defendant—one discrimination claim in violation of the Fair Housing Act Amendments of

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1988 (FHAA), one discrimination claim in violation the California Fair Employment and Housing

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Act (FEHA), and one claim for retaliatory eviction in violation of state statutory and common law.

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The Court heard the Motion on November 3, 2023. ECF No. 27. Having read the papers filed by

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the parties and carefully considered their arguments and relevant authority, the Court hereby

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GRANTS IN PART and DENIES IN PART Defendant’s Motion to Dismiss.

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I.

FACTUAL ALLEGATIONS
Plaintiffs’ Complaint contains the following allegations relevant to the Motion to Dismiss.

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Defendant is the owner and operator of the mobilehome park where Plaintiffs’ mobilehome is

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located. ECF No. 1 (Compl.) ¶¶ 11–12. In February 2021, Plaintiffs began repairs on their

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mobilehome. Id. ¶ 16. The following month, Defendant’s owner, John Preston, informed

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The Court received notice of Escamilla’s death following the hearing on this Motion. ECF No.
29. Nonetheless, Escamilla’s successor-in-interest, Cordero, may bring these claims on his behalf.
Cordero has until February 7, 2024 to bring a motion for substitution pursuant to Federal Rule of
Civil Procedure 25(a)(1), otherwise Escamilla’s claims must be dismissed.

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Plaintiffs that they were required to obtain a permit from the California Department of Housing

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and Community Development (HCD) for the repair work. Id. ¶ 17. Plaintiffs obtained a permit

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from HCD on March 12, 2021. Id. ¶¶ 17–18. Plaintiffs completed their repairs in April 2021, but

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lost their HCD decal in the process. Id. ¶¶ 19, 21. A HCD decal is also required for a

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mobilehome. See id. ¶ 26. The HCD work permit expired in September 2021. Id. ¶ 23.

United States District Court
Northern District of California

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There are no allegations that Defendant took immediate action in response to Plaintiffs’

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missing HCD decal or expired work permit. Instead, Plaintiffs allege that more than one year

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later, Defendant sent a series of Seven Day Notices to Comply with Rules and Regulations

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(Seven-Day Notice) over the course of several months. See id. ¶¶ 25–34. On November 1, 2022,

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Defendant sent Plaintiffs the first Seven-Day Notice, less than one month before the trial date in

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Plaintiffs’ separate lawsuit against Defendant for overcharging rent. Id. ¶ 25. This Notice

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demanded, within ten days, documentation related to the alterations to the mobilehome, including

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associated permits. Id. ¶ 25. Plaintiffs, through their counsel, responded the next day, informing

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Defendant of their March 2021 permit and their intention to apply for a replacement HCD decal.

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Id. ¶ 27. Two days later Plaintiffs sent a copy of their decal replacement application to Defendant.

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Id. ¶ 28.

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The following month, on December 15, 2022, Defendant served Plaintiffs with a second

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Seven-Day Notice, nearly identical to the first one. Id. ¶ 29. The next day Escamilla told the

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mobilehome park manager about his health issues and asked for additional time to resolve the

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permit and new decal. Id. ¶ 30. Plaintiffs allege that this was the first request for a reasonable

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accommodation for Escamilla’s disability. Id.

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Nearly two months later, on February 7, 2023, Defendant served Plaintiffs with a third

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Seven-Day Notice. Id. ¶ 31. This Seven-Day Notice was identical to the prior two notices, except

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for the last paragraph requiring copies of the final inspection card concerning recent alterations.

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Id. On February 16, 2023, Escamilla sent the manager a text message advising Defendant that he

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had spoken with a HCD inspector and that the inspector intended to call him back. Id. ¶ 32.

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Escamilla requested additional time to obtain the required permit. Id.

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On March 9, 2023, the Sonoma Superior Court issued a judgment against Defendant and in
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favor of Plaintiffs and the other plaintiffs in the rent overcharge case, awarding nearly $50,000 for

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excessive rent and other fees. Id. ¶ 33. Approximately one month later, Defendant served

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Plaintiffs with a fourth Seven-Day Notice, identical to the February Seven-Day Notice. Id. ¶ 34.

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On April 21, 2023, Defendant served Plaintiffs with an eviction notice informing them that their

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tenancy would be terminated in sixty days pursuant to California’s Mobilehome Residency Law

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(Sixty-Day Notice). Id. ¶ 35.
On May 12, 2023, Plaintiffs submitted an “official” request for a reasonable

United States District Court
Northern District of California

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accommodation, asking Defendant to give them additional time to obtain a HCD permit. Id. ¶ 36.

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On May 23, 2023, Defendant stated it would not reconsider the Sixty-Day Notice and intended to

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evict Plaintiffs. Id. ¶ 37. That same day Plaintiffs provided Defendant with a finalized HCD

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permit that was signed on May 17, 2023. Id. ¶ 38.
On June 2, 2023, Plaintiffs sent Defendant another request for an accommodation,

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providing Defendant with “more detailed information” on Escamilla’s debilitating medical

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condition and the “nexus between his disability and his need for a reasonable accommodation.”

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Id. ¶ 39. On June 15, 2023, Plaintiffs spoke to Preston to make an oral and written request for an

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accommodation to allow them to stay in their home, but he refused to rescind the Sixty-Day

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Notice, “telling Plaintiffs that they had done a lot of harm to the community.” Id. ¶ 40. Plaintiffs

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remain in their home, and Defendant has not filed an unlawful detainer action. ECF No. 18 at 14.2

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With respect to the basis for a reasonable accommodation request, the Complaint alleges

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that Escamilla was disabled on account of having been hospitalized for a heart condition in July

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2021. Compl. ¶ 22. In addition, Escamilla “continued to experience medical issues,” including a

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three-week hospitalization in August 2022 for acute renal failure. Id. ¶ 24. Since that

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hospitalization, Escamilla has had to receive dialysis treatment at least three times a week for

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several hours a session. Id.

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II.

LEGAL STANDARD
A complaint may be dismissed under Rule 12(b)(6) of the Federal Rules of Civil Procedure

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Unless specified otherwise, the Court refers to the PDF page number generated by the Court’s efiling system.
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United States District Court
Northern District of California

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“based on the lack of a cognizable legal theory or the absence of sufficient facts alleged under a

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cognizable legal theory.” Godecke v. Kinetic Concepts, Inc., 937 F.3d 1201, 1208 (9th Cir. 2019)

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(citation omitted). A complaint generally must satisfy the pleading requirements of Rule 8 of the

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Federal Rules of Civil Procedure, which requires that a complaint include a “short and plain

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statement of the claim showing that the pleader is entitled to relief.” Fed. R. Civ. P. 8(a)(2).

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When reviewing a 12(b)(6) motion, a court must “accept all factual allegations in the

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complaint as true and construe the pleadings in the light most favorable to the nonmoving party.”

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Outdoor Media Group, Inc. v. City of Beaumont, 506 F.3d 895, 900 (9th Cir. 2007). However, a

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court need not accept legally conclusory statements that are not supported by actual factual

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allegations. See Ashcroft v. Iqbal, 556 U.S. 662, 678–79 (2009). The allegations in the complaint

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“must be enough to raise a right to relief above the speculative level.” Bell Atlantic Corp. v.

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Twombly, 550 U.S. 544, 555 (2007). A “claim has facial plausibility when the plaintiff pleads

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factual content that allows the court to draw the reasonable inference that the defendant is liable

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for the misconduct alleged.” Iqbal, 556 U.S. at 678. In the event dismissal is warranted, it is

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generally without prejudice, unless it is clear the complaint cannot be saved by any amendment.

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See Sparling v. Daou, 411 F.3d 1006, 1014 (9th Cir. 2005). A court’s review is generally limited

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to the contents of a complaint with the exception of materials incorporated by reference in a

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complaint or materials subject to judicial notice. See Khoja v. Orexigen Therapeutics, Inc., 899

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F.3d 988, 999 (9th Cir. 2018).
Under Rule 15(a) of the Federal Rules of Civil Procedure, leave to amend “shall be freely

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granted when justice so requires.” Lopez v. Smith, 203 F.3d 1122, 1127 (9th Cir. 2000).

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Generally, leave to amend shall be denied only if allowing the amendment would unduly prejudice

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the opposing party, cause undue delay, or be futile, or if the moving party has acted in bad faith.

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Leadsinger, Inc. v. BMG Music Publ’g, 512 F.3d 522, 532 (9th Cir. 2008).

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III.

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DISCUSSION
Defendant moves to dismiss Plaintiffs’ Complaint pursuant to Rule 12(b)(6) of the Federal

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Rules of Civil Procedure, and requests denial of leave to amend. Defendant also requests the

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Court decline supplemental jurisdiction over Plaintiffs’ state law claims. Defendant further
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United States District Court
Northern District of California

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argues, in the alternative, that if the Court extends supplemental jurisdiction to the state law

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claims, those claims are insufficiently alleged.

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A.

FHAA

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The FHAA makes it unlawful to “discriminate against any person in the terms, conditions,

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or privileges of sale or rental of a dwelling . . . because of a handicap of . . . that person; or . . . any

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person associated with that person.” 42 U.S.C. § 3604(f)(2). Plaintiffs allege a claim under 42

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U.S.C. § 3604(f)(3)(B), which proscribes the “refusal to make reasonable accommodations in

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rules, policies, practices, or services, when such accommodations may be necessary to afford such

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person equal opportunity to use and enjoy a dwelling.” The inquiry as to whether an

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accommodation is reasonable is “highly fact-specific, requiring case-by-case determination.”

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Birdwell v. AvalonBay Communities, Inc., No. 21-CV-00864-JST, 2023 WL 6307894, at *8

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(N.D. Cal. Sept. 27, 2023) (citation omitted).

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A plaintiff seeking to state such an FHAA claim must allege five elements: “(1) that the

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plaintiff or his associate is handicapped within the meaning of 42 U.S.C. § 3602(h); (2) that the

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defendant knew or should reasonably be expected to know of the handicap; (3) that

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accommodation . . . of the handicap is necessary to afford the handicapped person an equal

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opportunity [i.e., equal to a non-handicapped person] to use and enjoy the dwelling; (4) that the

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accommodation . . . is reasonable; and (5) that defendant refused to make the requested

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accommodation.” Howard v. HMK Holdings, LLC, 988 F.3d 1185, 1189–90 (9th Cir. 2021)

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(citation omitted).

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1.

The Claim Elements of Necessity and Denial of a Requested
Accommodation

Defendant assumes that Plaintiffs have alleged a “handicap” within the meaning of the

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FHAA but attacks the sufficiency of the allegations concerning other elements of the claim.
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Defendant argues that Plaintiffs fail to allege the third element—that the accommodation
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requested was necessary. ECF No. 18 at 10. To sufficiently allege necessity, a plaintiff must
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allege that “but for the accommodation, they likely will be denied an equal opportunity [i.e., equal

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to the opportunity afforded non-disabled persons] to enjoy the housing of their choice.” Giebeler
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United States District Court
Northern District of California

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v. M & B Assocs., 343 F.3d 1143, 1155 (9th Cir. 2003). The “inquiry is a causal one that

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examines whether the requested accommodation would redress injuries that otherwise would

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prevent a disabled resident from receiving the same enjoyment from the property as a non-disabled

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person would receive.” Howard, 988 F.3d at 1190–91 (internal quotation marks and citation

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omitted). In other words, “there must be a ‘causal link’ between the requested accommodation

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and the plaintiff’s disability.” Id. at 1191. For example, a causal nexus exists as to a plaintiff’s

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need for accessible parking where the “lack of assigned accessible parking” regularly caused

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plaintiff to “spend long periods searching for parking, eat dinner in her car, and cancel classes”

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and was the but for “cause of her inability to use and enjoy her condominium on the same terms as

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all other residents who had assigned parking.” United States v. Aqua 388 Cmty. Ass’n, No. 2:23-

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CV-02498-SB-JPR, 2023 WL 6890753, at *4 (C.D. Cal. Oct. 6, 2023).

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Plaintiffs allege that they requested reasonable accommodations based on Escamilla’s

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disability when they asked Defendant for “more time” to obtain the HCD permit and decal and

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requested that Defendant rescind the Sixty-Day Notice to vacate the mobilehome space. Compl.

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¶¶ 30, 32, 36, 46. These allegations, however, are vague regarding the necessity element.

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Plaintiffs’ Complaint contains only one allegation that suggests a causal link between Escamilla’s

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disability and Plaintiffs’ requested accommodations—Escamilla had “a disability and handicap

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which made it more difficult for Plaintiffs to obtain these documents.” Compl. ¶ 46 (emphasis

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added). Yet, this allegation is insufficient to infer how or why Escamilla’s disability made it

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“more difficult” for Plaintiffs to obtain the required decal and permit, even if the logical leap is

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that Plaintiffs had less time to obtain the required documents due to Escamilla’s dialysis

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appointments. There are no allegations that describe the processes to obtain a replacement decal,

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permit or inspection card. The Complaint is silent as to whether these items must be requested in

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writing, with requests submitted via U.S. mail or online. There are no allegations that indicate the

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processing time for these requests, or the efforts made and barriers met. Nor are there allegations

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as to why Escamilla’s dialysis appointments affected Plaintiff Cordero’s ability to pursue such

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documentation. There are no allegations upon which to infer that Cordero played any significant

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caretaking for Escamilla.
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United States District Court
Northern District of California

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At the hearing Plaintiffs asserted that it takes many months to obtain the required HCD

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documentation, but there are no such allegations in the Complaint. The Complaint alleges that

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Plaintiffs’ counsel provided “detailed information about Plaintiff Escamilla’s debilitating medical

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condition and the nexus between his disability and his need for a reasonable accommodation.”

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Compl. ¶ 39. The Complaint, however, does not include any allegations regarding the nexus.

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Consequently, the allegations concerning the need for the requested accommodations are

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insufficient to support Plaintiffs’ FHAA claim. Nevertheless, under Rule 15 of the Federal Rules

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of Procedure, “[t]he court should freely give leave to amend when justice so requires.” Fed. R.

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Civ. P. 15(a)(2). Given that Plaintiffs may be able to cure this deficiency with additional

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allegations, granting leave to amend would not necessarily be futile. Defendant’s Motion to

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Dismiss the FHAA claim for failure to allege that the accommodations requested were necessary

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is GRANTED, but Plaintiffs are GRANTED leave to amend.

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Next, with respect to the fifth element of an FHAA claim, Defendant argues that Plaintiffs

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have not alleged that it denied a request for a reasonable accommodation. Defendant contends that

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the Complaint indicates that it gave more time to Plaintiffs. ECF No. 18 at 12. As noted above,

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Plaintiffs have not alleged that Defendant immediately sought to evict them based on rule

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violations. The Court, however, is obliged to construe the pleadings in the light most favorable to

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Plaintiffs. Outdoor Media Group, Inc., 506 F.3d at 900. Plaintiffs have alleged that Defendant

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ultimately continued to take steps towards forcing them to vacate the property by issuing further

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Seven-Day Notices and refusing to rescind the Sixty-Day Notice. See Compl. ¶¶ 35, 37, 40.

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Defendant’s reliance on Dadian v. Village of Wilmette, 269 F.3d 831, 838 (7th Cir. 2001)

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does not persuade the Court that, as a matter of law, Plaintiffs have failed to allege that Defendant

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denied a requested accommodation. Construed in Plaintiffs’ favor, the allegations are that the

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refusal to allow more time and rescind the Sixty-Day Notice denied Plaintiffs equal enjoyment of

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their home on account of Escamilla’s disability. By not rescinding the Sixty-Day Notice, the

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Court may infer that Plaintiffs were vulnerable to an eviction in a manner that other non-disabled

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residents were not vulnerable. Plaintiffs’ allegations as to the denial of their requests are

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sufficient. Defendant’s Motion to Dismiss on this basis is declined, and the Complaint need not
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be amended in this respect.
Additionally, Defendant argues that Plaintiffs have not alleged a cognizable denial of an

United States District Court
Northern District of California

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accommodation request because Defendant contends that it has legally terminated Plaintiffs’

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tenancy. But the Ninth Circuit has not held as much, and persuasive authority posits that “a

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discriminatory denial can occur at any time during the entire period before a tenant is ‘actually

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evicted.’” Douglas v. Kriegsfeld Corp., 884 A.2d 1109, 1121 (D.C. 2005) (quoting Radecki v.

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Joura, 114 F.3d 115, 116 (8th Cir.1997)). Indeed, recission of a termination notice has been found

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to be a reasonable accommodation. See McAlister v. Essex Prop. Tr., 504 F. Supp. 2d 903, 906

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(C.D. Cal. 2007) (noting the Ventura County Superior Court Commissioner’s finding). Thus, the

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Court rejects Defendant’s argument that, as a matter of law, Plaintiffs are unable to allege the

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denial of a reasonable accommodation by virtue of Defendant’s refusal to rescind the Sixty-Day

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Notice.
2.

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Scope of FHAA Protection

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Finally, Defendant challenges Plaintiffs’ standing to bring an FHAA claim. ECF No. 18 at

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10–11. Defendant argues that Escamilla has no standing to bring an FHAA claim because he was

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not a registered owner of the subject mobilehome during the relevant time period.3 Relatedly,

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Defendant further argues that because Escamilla is not protected by the FHAA as a registered

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owner, Cordero, who is the registered owner, does not have standing to sue under the FHAA based

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on Escamilla’s disability. Id.
Under California statute, a “registered owner” must submit a written request to the HCD to

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obtain a replacement decal and/or sticker. Cal. Code Regs. tit. 25, § 5552(b) (1998). The FHAA,

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however, applies to “cases involving a ‘sale’ or ‘rental’ for which the landlord accepted

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consideration in exchange for granting the right to occupy the premises.” Salisbury v. City of

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Santa Monica, 998 F.3d 852, 858 (9th Cir. 2021), cert. denied, 142 S. Ct. 771, 211 L. Ed. 2d 481

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The Court GRANTS Defendant’s unopposed Request for Judicial Notice, ECF No. 19, because
Exhibits A through C are title records from the HCD and are a matter of public record. See Lee v.
City of Los Angeles, 250 F.3d 668, 689 (9th Cir. 2001) (explaining that under Federal Rule of
Evidence 201, a court may take judicial notice of matters of public record and consider that
extrinsic evidence on a Rule 12(b)(6) motion).
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(2022). Plaintiffs allege, and Defendant does not dispute, that Defendant accepted rents from

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Escamilla for years in exchange for Escamilla’s right to occupy a space at Defendant’s

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mobilehome park. See Compl. ¶¶ 13–14, 44, 71. Defendant’s alleged refusal to allow more time

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for Cordero to obtain the HCD decal and documentation, and its refusal to rescind the Sixty-Day

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Notice, placed Escamilla in danger of losing his housing. Accordingly, Escamilla meets the

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requirements to bring an FHAA claim, even if he individually was not the title owner of the

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mobilehome.

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United States District Court
Northern District of California

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As for non-disabled parties, such as Cordero, under the FHAA “any person harmed by
discrimination, whether or not the target of the discrimination, can sue to recover for his or her

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own injury.” Harris v. Itzhaki, 183 F.3d 1043, 1050 (9th Cir. 1999); see Lee v. Retail Store Emp.

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Bldg. Corp., No. 15-CV-04768-LHK, 2017 WL 346021, at *6 (N.D. Cal. Jan. 24, 2017) (stating

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that under the FHAA a non-disabled plaintiff must “allege that as a result of the defendant’s

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discriminatory conduct he has suffered a distinct and palpable injury”) (citation omitted). For

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example, a live-in caretaker may bring an FHAA claim if she is evicted from the disabled party’s

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home because of a defendant’s discriminatory conduct. See Lee, 2017 WL 346021, at *8.

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The Complaint alleges that Cordero lived in the same mobilehome as Escamilla. Compl. ¶

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12–13. The Complaint further alleges that accommodations were based on Escamilla’s disability

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and the denial of Escamilla’s requests harmed Cordero because the Notices were directed at her,

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and she faced the threat of eviction as well. Id. ¶¶ 30, 36–37, 39–40. Under the FHAA, Cordero

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may base her claims on Escamilla’s disability because she is an aggrieved party. 42 U.S.C.

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§ 3602(i)(1)(the definition of an “aggrieved person” includes any person who “claims to have been

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injured by a discriminatory housing practice”). The Court declines Defendant’s argument that

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Cordero lacks standing to sue under the FHAA. Defendant’s Motion to Dismiss Plaintiffs’ FHAA

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claims for lack of standing is DENIED.

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B.

State Law Claims
1.

Supplemental Jurisdiction

Defendant argues the Court should decline to exercise supplemental jurisdiction over
Plaintiffs’ state law claims—the FEHA claim and retaliatory eviction claim—because, according
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to Defendant, there is no viable FHAA claim. ECF No. 18 at 13. Where a court has original

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jurisdiction over a federal claim it “shall have supplemental jurisdiction over all other claims that

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are so related to claims in the action within such original jurisdiction that they form part of the

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same case or controversy under Article III of the United States Constitution.” 28 U.S.C.

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§ 1367(a). A court, however, may decline to exercise supplemental jurisdiction over pendant

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claims for a variety of reasons. 28 U.S.C. § 1367(c)(1)–(4).

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Plaintiffs’ FHAA claim with prejudice. Leave to amend has been granted. Thus, declination of

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supplemental jurisdiction is unwarranted at this time.

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United States District Court
Northern District of California

The Court DENIES Defendant’s request in this instance. The Court has yet to dismiss

2.

FEHA Claim

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The FEHA states that it shall be unlawful “[f]or the owner of any housing accommodation

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to discriminate against or harass any person because of the . . . disability . . . of that person.” Cal.

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Gov’t Code § 12955(a). “The provisions of FEHA . . . involve[] substantially the same rights as

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the FHA[A] provisions [] and are subject to the same analysis.” Cabrera v. Alvarez, 977 F. Supp.

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2d 969, 975 (N.D. Cal. 2013); see Birdwell, 2023 WL 6307894, at *8 (same).

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Defendant argues that Plaintiffs’ FEHA claim should be dismissed due to the same defects

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that plague Plaintiffs’ FHAA claim. ECF No. 18 at 14–16. The parties have not asserted that the

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Court’s analysis of Defendant’s arguments for dismissal of Plaintiffs’ FEHA claim should differ

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from their FHAA claim. Accordingly, the Court’s reasoning above concerning the FHAA claim

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also applies to Plaintiffs’ FEHA claim. Plaintiffs have failed to allege sufficient facts upon which

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to infer that the requested accommodations were necessary. On that basis, dismissal of the FEHA

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is also warranted, but leave to amend is granted. The Court, however, rejects Defendant’s

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arguments that the FEHA claim should be dismissed for failure to allege a denial of a requested

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accommodation or due to Plaintiffs’ lack of standing to bring such a claim.

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3.

Retaliatory Eviction Claim

Defendant argues that Plaintiffs have failed to allege a statutory claim for retaliatory

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eviction because they rely on an inapplicable statutory provision, and they fail to allege facts

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sufficient to infer retaliatory motive. ECF No. 18 at 16–17. Regarding Plaintiffs’ common law
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United States District Court
Northern District of California

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claim for retaliatory eviction, Defendant argues that the claim should be dismissed as it is unripe.

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Id. Plaintiffs have not responded to any of these arguments. When a plaintiff fails to oppose a

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defendant’s argument that a claim should be dismissed, courts have construed such as a

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concession that the claim should be dismissed. See e.g., Narang v. Gerber Life Ins. Co., No. 18-

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cv-04500-LHK, 2018 WL 6728004, at *4 (N.D. Cal. Dec. 21, 2018); Marziano v. County of

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Marin, No. C-10-2740 EMC, 2010 WL 3895528, at *4 (N.D. Cal. Oct. 4, 2010); GN Resound A/S

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v. Callpod, Inc., No. C 11-04673 SBA, 2013 WL 1190651, at *5 (N.D. Cal. Mar. 21, 2013).

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Accordingly, the Court does not resolve the merits of Defendant’s arguments but finds that

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Plaintiffs have abandoned their retaliatory eviction claim and conceded that dismissal is

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warranted. The Court GRANTS Defendant’s Motion to Dismiss without prejudice with respect to

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Plaintiffs’ retaliatory eviction claim.

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IV.

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CONCLUSION
Defendant’s Motion to Dismiss without leave to amend Plaintiffs’ FHAA and FEHA

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claims is GRANTED IN PART and DENIED IN PART. Plaintiffs’ FHAA and FEHA claims

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are dismissed with leave to amend to allow Plaintiffs an opportunity to cure their insufficient

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allegations as to the necessity of the accommodations requested. Defendant’s Motion to Dismiss

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without leave to amend is GRANTED as to Plaintiffs’ retaliation claim because Plaintiffs have

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abandoned the claim. Plaintiffs shall file an amended complaint within 21 days from the date of

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this Order.

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IT IS SO ORDERED.
Dated: December 4, 2023

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LISA J. CISNEROS
United States Magistrate Judge

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