Cardenas

Cardenas v. County of Napa

Good Law
United States District Court, Northern District of CaliforniaOctober 22, 20244:24-cv-04248California3,325 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 FLORINDA IZAZAGA CARDENAS, Case No. 24-cv-04248-DMR

Plaintiff,

ORDER ON MOTION TO DISMISS

v. FIRST AMENDED COMPLAINT

COUNTY OF NAPA, Re: Dkt. No. 12 Defendant.

Plaintiff Florinda Izazaga Cardenas filed a complaint against the County of Napa (“the County”) and Does 1-50 alleging claims arising out of the death of her son, Daniel Rivera Izazaga, following his detention at the Napa County Jail. The County now moves pursuant to Federal Rule of Civil Procedure 12(b)(6) to dismiss the first amended complaint (“FAC”). [Docket No. 12.] This matter is suitable for resolution without a hearing. Civ. L.R. 7-1(b). For the following reasons, the motion to dismiss is granted in part and denied in part. I. BACKGROUND The complaint contains the following allegations, all of which are taken as true for purposes of this motion. Plaintiff Cardenas is Izazaga’s mother and successor in interest. On August 15, 2023,…

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