Mascorro
Eloy Mascorro v. The City of San Diego, et al.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 ELOY MASCORRO, Case No.: 21-cv-1725-RSH-DDL
Plaintiff,
ORDER: (1) STRIKING SECOND
v. AMENDED COMPLAINT; AND (2) RE-DIRECTING SERVICE OF THE CITY OF SAN DIEGO, et al.,
PROCESS OF FIRST AMENDED
Defendants. COMPLAINT
17 18 On November 21, 2025, the Court issued an Order on five separate motions related to Plaintiff’s First Amended Complaint (“FAC”). ECF No. 98. Relevant here, the Court’s Order granted Plaintiff leave to file a Second Amended Complaint (“SAC”), subject to a number of express limitations. See id. Plaintiff filed a SAC on December 28, 2025. ECF No. 99. For the reasons set forth below, the Court: (1) STRIKES Plaintiff’s SAC; and (2) DIRECTS the U.S. Marshal’s Service (“USMS”) to re-serve Plaintiff’s FAC on the remaining Officer Defendants. I. BACKGROUND Plaintiff filed his Complaint in this action on October 5, 2021, based on an October 6, 2020 incident in …