Barcelo
KATIE ANN BARCELO and JUSTIN ROBERTS v. CITY OF SAN DIEGO, et al.
Opinion
trial_court Opinion
1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT 10 SOUTHERN DISTRICT OF CALIFORNIA 11 12 KATIE ANN BARCELO and JUSTIN Case No. 25-cv-00329-BAS-AHG
ROBERTS,
13
ORDER GRANTING DEFENDANT
Plaintiffs, 14 CITY OF SAN DIEGO’S MOTION v. TO DISMISS 15
CITY OF SAN DIEGO, et al., 16 (ECF No. 15) Defendants. 17
18 19 20 Presently before the Court is Defendant City of San Diego’s Motion to Dismiss. 21 (ECF No. 15.) For the reasons stated below, the Motion is GRANTED. The Court also 22 GRANTS Plaintiffs Katie Ann Barcelo and Jason Roberts leave to amend on all causes of 23 action. Plaintiffs may file an amended complaint on or before October 31, 2025. 24 I. BACKGROUND 25 On February 26, 2024, Plaintiff Katie Ann Barcelo parked Plaintiff Jason Roberts’ 26 2017 Hyundai Elantra (“Hyundai”) in a lane marked red near her friend’s apartment 27 complex. (ECF No. 5 ¶ 34.) A tow truck driver, employed by Defendant S&S Towing, 28 started to hook the Hyundai to a tow truck and prepare it for towing. (Id. ¶ 35.) Plaintiff 1 …