Cruz
Cruz v. City of San Diego
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 ELIZABETH CRUZ, HILARINO Case No.: 24-cv-00287-AJB-MSB
APARICIO,
12 Plaintiffs, ORDER GRANTING DEFENDANTS’ MOTION TO DISMISS AND v.
DENYING AS MOOT DEFENDANTS’
14 CITY OF SAN DIEGO, CALIFORNIA, a MOTIONS TO STRIKE AND FOR A Municipal Corporation; et al., MORE DEFINITE STATEMENT Defendants. 16 (Doc. No. 24) 17 18 Presently before the Court is Defendants City of San Diego (the “City”), Chief David Nisleit, Sergeant Matthew Ruggiero, Officer Jeremy Avalos, and Officer Jonah Tafoya’s (collectively, “Defendants”) motion to dismiss Plaintiffs Elizabeth Cruz and Hilarino Aparicio’s (collectively, “Plaintiffs”) First Amended Complaint (“FAC”), pursuant to Federal Rules of Civil Procedure and 12(b)(6). (Doc. No. 24.) In the alternative, Defendants move for a more definite statement under Rule 12(e). (Id.) Defendants also seek to strike portions of Plaintiffs’ FAC which they allege are impertinent, immaterial, and scandalous under Rule 12(f). (Id.)…