Lincoln v. Chula Vista Police Department

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 RICKY FADARA LINCOLN and Case No.: 22-cv-01569-WQH-BJC

KATHERINE I. FREDERICKS,

ORDER Plaintiffs, 13 v.

CHULA VISTA POLICE

DEPARTMENT, CITY OF CHULA VISTA, and DOES 1- 100, 17 Defendants. 18 HAYES, Judge: 19 The matter before the Court is the Motion to Dismiss Plaintiffs’ Third Amended Complaint and Claims Therein Under Rule 12(b)(6) (“Motion to Dismiss”) (ECF No. 33) filed by Defendants City of Chula Vista (“City”) and Chula Vista Police Department (“CVPD”). I. BACKGROUND On May 9, 2022, Plaintiffs Ricky Fadara Lincoln and Katherine I. Fredericks 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 28 October 12, 2022, Defendants removed the action to this Court pursuant to 28 U.S.C. §§ 1331, 1441. (ECF No. 1 at 3.) On November 1, 2022, Defendants filed a motion to dismiss. (ECF No. 5.) On March 28, 2023, the…