Jordan v. The Presidio Trust et al

Filing 74

ORDER by Judge Kandis A. Westmore granting 63 Motion to Dismiss. Amended Pleadings due by 8/4/2017. (kawlc2, COURT STAFF) (Filed on 7/5/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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PATRICIA JORDAN,
Plaintiff,

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United States District Court
Northern District of California

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Case No. 16-cv-02122-KAW
ORDER GRANTING MOTION TO
DISMISS

v.
THE PRESIDIO TRUST, et al.,

Re: Dkt. No. 63

Defendants.

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On April 21, 2016, Plaintiff Patricia Jordan filed the instant case against Defendants

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Presidio Trust and the United States Equal Employment Opportunity Commission ("EEOC"),

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alleging that she was terminated from her position with the Presidio Trust based on her age and

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gender. (Compl., Dkt. No. 1.) On January 30, 2017, the Court granted Defendants' motion to

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dismiss the complaint. (Dkt. No. 49.) Plaintiff filed an amended complaint, which brought two

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causes of action for declaratory relief and injunctive relief, based on whether Plaintiff's claims are

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subject to the "Presidio Trust Procedures Related to Claims of Workplace Discrimination." (First

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Amended Compl. ("FAC") ¶¶ 67, 77, Dkt. No. 51.) Defendants now move to dismiss Plaintiff's

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pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). (Defs.' Mot., Dkt. No. 63.)

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The Court deemed the matter suitable for disposition without hearing pursuant to Civil

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Local Rule 7-1(b) and vacated the hearing previously set for July 6, 2017. (Dkt. No. 73.) Having

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considered the papers filed by the parties and the relevant legal authority, the Court GRANTS

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Defendants' motion because Plaintiff only brings two causes of action for declaratory relief and

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injunctive relief; these, however, "are not independent causes of action, but remedies." Hayes v.

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Wells Fargo Bank, N.A., Case No.: 3-13-cv-420 KAW, 2013 WL 4117050, at *7 (N.D. Cal. Aug.

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12, 2013); see also Rosenfeld v. JPMorgan Chase Bank, N.A., 732 F. Supp. 2d 952, 975 (N.D. Cal.

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2010) ("the Court notes that declaratory and injunctive relief are not causes of action; rather, they

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are remedies"). To seek declaratory relief or injunctive relief, Plaintiff must first plead a cause of

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action to support such relief. The Court therefore finds dismissal with leave to amend to be

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appropriate.

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In her opposition, Plaintiff appears to suggest that she is bringing an Administrative

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Procedure Act ("APA") claim, which underlies her request for declaratory relief and an injunction.

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(Plf.'s Opp'n at 4, Dkt. No. 71 ("the case seeks declaratory relief and an injunction against officers

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of the subject agencies under §702").) As Defendants point out, however, Plaintiff's complaint

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does not in fact include an APA cause of action, and an "argument in opposition cannot cure a
defect in the pleading." Yamauchi v. Cotterman, 84 F. Supp. 3d 993, 1009 (N.D. Cal. 2015); see

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United States District Court
Northern District of California

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also Broam v. Bogan, 320 F.3d 1023, 1026 n.2 (9th Cir. 2003) ("In determining the propriety of a

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Rule 12(b)(6) dismissal, a court may not look beyond the complaint to a plaintiff's moving papers,

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such as a memorandum in opposition to a defendant's motion to dismiss") (internal quotation

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omitted). Thus, if Plaintiff intends to bring an APA claim, she must explicitly plead such a claim

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in her amended complaint. The APA claim should, at the very least, specifically identify the exact

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agency actions being challenged, whether it is the promulgation of the Presidio Trust Procedures

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Related to Claims of Workplace Discrimination, the alleged "interagency agreement" between

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Defendants, or some other alleged final action.

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Because the Court dismisses Plaintiff's complaint on the ground that declaratory relief and

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injunctive relief are not causes of action, the Court need not determine the merits of Defendants'

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other arguments. The Court notes, however, the following issues that have been raised in the

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parties' briefing:

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First, should Plaintiff bring an APA claim, there is a question of whether the agency

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discretion exception applies. (See Defs.' Reply at 3-5.) This discretion is a "very narrow" one,

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which applies when "statutes are drawn in such broad terms that in a given case there is no law to

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apply." Citizens to Preserve Overton Park, Inc. v. Volpe, 401 U.S. 402, 410 (1971) (internal

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quotation omitted).

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Second, there is a question of whether Plaintiff can adequately identify an injury-in-fact by
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pointing to differences between the Presidio Trust's and the EEOC's procedures. (See Plf.'s Opp'n

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at 6.) It is not clear that the cited differences alone are adequate to establish the concrete and

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particularized injury required for standing purposes, and what legal authority exists to support

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such a position.
Third, again, the Court observes generally that statutory interpretation may properly be

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conducted at the motion to dismiss stage because it is a legal question. (See also Dkt. No. 49 at

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10.) The Court is unaware of any authority which concludes that legislative history is a matter

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outside of the pleadings, such that a court cannot interpret a statute without converting a motion to

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dismiss into a motion for summary judgment.1 Further, if the statute itself is clear, there may be

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no need to analyze legislative history or intent at all.

United States District Court
Northern District of California

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For the reasons stated above, the Court GRANTS Defendants' motion and dismisses

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Plaintiff's complaint without prejudice. Plaintiff has thirty (30) days from the date of this order to

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file the amended complaint.
IT IS SO ORDERED.

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Dated: July 5, 2017
__________________________________
KANDIS A. WESTMORE
United States Magistrate Judge

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To the extent Plaintiff intends to rely on this argument again, the Court expects Plaintiff to cite to
relevant legal authority in support.
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