Millete

Millete v. Chula Vista Police Department

Good Law
United States District Court, Southern District of CaliforniaSeptember 25, 20243:22-cv-01343California6,464 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 9 BENITO LEO MILLETE and Case No.: 22-cv-1343-WQH-BJC

JUDITH I MILLETE,

ORDER Plaintiffs, 12 v.

CHULA VISTA POLICE

DEPARTMENT; CITY OF CHULA VISTA; and DOES 1- 100, 16 Defendants. 17 HAYES, Judge: The matter before the Court is the Motion to Dismiss Plaintiffs’ Third Amended Complaint and Claims Therein Under Rule 12(b)(6) and Motion to Strike Portions of Plaintiffs’ First Amended Complaint Under Rule 12(f) (“Motion to Dismiss”) (ECF No. 31) filed by Defendants Chula Vista Police Department (“CVPD”) and City of Chula Vista (“City”). I. BACKGROUND On May 6, 2022, Plaintiffs filed a Complaint against Defendants CVPD, City, and Does 1–100 in the Superior Court of California, County of San Diego. (See Exh. 1 to Notice of Removal, ECF No. 1-2.) On September 7, 2022, Defendants removed the action to this Court pursuant to 28 U.S.C. §§ 1331, 1441. (ECF No. 1 at 3–4.) On October 24, 2022, Defendants filed a motion to dismiss. (ECF No. 9.)…

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