Schmidt
Schmidt v. County of San Diego
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 JENNIFER SCHMIDT, et al., Case No.: 23-cv-0899-W-DDL
Plaintiffs,
ORDER DENYING IN PART AND
v. GRANTING IN PART WITHOUT
LEAVE TO AMEND DEFENDANTS’
COUNTY OF SAN DIEGO, et al.,
MOTION TO DISMISS THE SECOND
Defendants. AMENDED COMPLAINT [DOC. 18] 16 Pending before the Court is Defendant County of San Diego and Silva Suaking’s motion to dismiss the Second Amended Complaint (“SAC” [Doc. 16]) under Federal Rule of Civil Procedure 12(b)(6). Plaintiffs Jennifer Schmidt and Lyndzy Biondo oppose. The Court decides the matter on the papers submitted and without oral argument. See Civ.L.R. 7.1(d)(1). For the following reasons, the Court DENIES IN PART and GRANTS IN PART without leave to amend the motion to dismiss [Doc. 18]. 24 I. FACTUAL BACKGROUND Most of the following factual allegations are taken verbatim from the SAC. On February 12, 2022, Gilbert Gonzalo Gil, crashed his truck in a…