Estate of Abdiel Sarabia Hernandez v. County of San Diego

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA Case No.: 24-cv-00032-DMS-DEB

ESTATE OF ABDIEL SARABIA

HERNANDEZ, by estate representative ORDER RE: DEFENDANTS' Maren Miller; LARISSA GUTIERREZ; MOTION TO DISMISS N.S., a minor, through his mother and General Guardian, Larissa Gutierrez; I.S., a minor, through her mother and General 14 Guardian, Mallori Ewan; and A.S.S. and A.S., minors, through their mother and General Guardian, Angelica Reyes, 16 Plaintiffs, 17 v.

COUNTY OF SAN DIEGO,

And DOES 1-10, Defendants. 21 22 Pending before the court is Defendant San Diego County’s (“Defendant” or “the 23 County”) motion to dismiss, (ECF No. 8), Plaintiff Estate of Abdiel Sarabia Hernandez’s 24 complaint, (Compl., ECF No. 1), for failure to state a claim under Federal Rule of Civil 25 Procedure 12(b)(6). Plaintiff filed a response in opposition, (ECF No. 9), and Defendant 26 filed a reply. (ECF No. 10.) 27 28 I. BACKGROUND This case begins in…