Langdon
Jose Murguia, for himself and for the Estates of Mason and Maddox Murguia v. Heather Langdon, et al.
Opinion
trial_court Opinion
1 2 3 4 5 6 7 8 9 10 UNITED STATES DISTRICT COURT 11 EASTERN DISTRICT OF CALIFORNIA 12 13 JOSE MURGUIA, for himself and for the No. 1:19-cv-00942-KES-BAM Estates of Mason and Maddox Murguia, 14 Plaintiff, 15 ORDER GRANTING IN PART AND v. DENYING IN PART MOTIONS TO DISMISS 16 HEATHER LANGDON, et al., (Docs. 97, 98) 17 Defendants. 18
19 20 21 Defendants City of Tulare, Sergeant Garcia, County of Tulare, Sergeant Ricardo Cerda, 22 Deputy Jeffrey Lewis, and Roxanna Torres move to dismiss plaintiffs’ second amended 23 complaint (“SAC”). Docs. 97, 98. This matter is suitable for resolution without a hearing 24 pursuant to Local Rule 230(g). For the reasons set forth below, the motions to dismiss are 25 granted in part and denied in part. 26 /// 27 /// 28 1 I. BACKGROUND 2 A. Factual Background1 3 Plaintiff Jose Murguia and defendant Heather Langdon married in 2004 and had three 4 children prior to the birth of their twins. 2 SAC, Doc. 96 ¶ 38. Langdon had a history of mental 5 illness and violence towards her family. SAC, Doc. 96 ¶ 39. In…