Calvin Rush and Jayme Rush v. City of Vallejo, et al.

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 CALVIN RUSH and JAYME RUSH,

12 Plaintiffs, No. 2:24-cv-01828-TLN-CSK

13 14 v. ORDER CITY OF VALLEJO, et al., 15 Defendants. 16

17 18 This matter is before the Court on Defendants City of Vallejo, Ted Garcia (“Officer 19 Garcia”), and Zach Horton’s (“Officer Horton”) (collectively, “City Defendants”) Motion to 20 Dismiss. (ECF No. 13.) Also before the Court is Defendant County of Solano’s (“County 21 Defendant”) Motion to Strike which the Court construes as a Motion to Strike or Dismiss. (ECF 22 No. 30.) The motions are fully briefed. (ECF Nos. 13, 20, 22, 30–31, 33.) 23 For the reasons set forth below, the Court GRANTS in part and DENIES in part City 24 Defendants’ Motion to Dismiss (ECF No. 13), and GRANTS in part and DENIES in part County 25 Defendant’s Motion to Strike or Dismiss (ECF No. 30). 26 /// 27 /// 28 /// 1 I. FACTUAL AND PROCEDURAL BACKGROUND 2 This case arises from Plaintiffs Calvin Rush (“Calvin”) and Jayme Rush’s (“Jayme”) 3 (collectively,…