Millete
Millete v. Chula Vista Police Department
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.)…