Gonzalez

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 SERGIO GONZALEZ, JR., No. 2:25-cv-00715-DAD-AC Plaintiff, v. ORDER GRANTING IN PART AND

DENYING IN PART DEFENDANTS’

CITY OF MODESTO, et al., MOTION TO DISMISS Defendants. (Doc. No. 9) 16 17 This matter is before the court on defendants’ motion to dismiss plaintiff’s complaint filed on April 30, 2025. (Doc. No. 9.) Defendants’ motion was taken under submission on the papers on July 7, 2025. (Doc. No. 23.) For the reasons explained below, defendants’ motion to dismiss will be granted in part and denied in part. BACKGROUND On February 28, 2025, plaintiff Sergio Gonzalez, Jr. filed this civil rights action against defendants City of Modesto, David Ramirez, Vanessa Del Toro, and Eric Martinez-Garcia (collectively, “defendants”) for purported fabrication of evidence resulting in him being falsely charged with the robbery and arrested and detained for a week. (Doc. No. 1.) In his…