Clark v. County of San Diego

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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11 ROBERTA MARIA CLARK, Case No.: 25-cv-0332-AJB-AHG

12 Plaintiff, ORDER DENYING DEFENDANTS’ 13 MOTION TO DISMISS v. 14 (Doc. No. 7) 15 COUNTY OF SAN DIEGO, et al.,

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18 Before the Court is the County of San Diego and Deputies Paul Tomcavage, Celso 19 Lopez, Theodore Breslow, and Does 1 through 5’s (“Deputy Defendants”) (collectively, 20 “Defendants”) motion to dismiss the Complaint under Federal Rules of Civil Procedure 21 (“Rule”) 12(b)(6). (Doc. No. 7.) The motion is fully briefed and suitable for determination 22 on the papers and without oral argument. Civ. L. Rule 7.1.d.1. Accordingly, the Court 23 VACATES the previously scheduled July 24, 2025 motion hearing. For the reasons set 24 forth below, the Court DENIES Defendants’ motion to dismiss. 25 I. BACKGROUND 26 Roberta Maria Clark (“Plaintiff”) was in a contested divorce proceeding in 2023. 27 (Doc. No. 1, Compl. at ¶ 27.) Unbeknownst to Plaintiff, her estranged husband sought and 28 received a temporary restraining order…