Marsh

Marsh v. San Diego County

Good Law
432 F. Supp. 2d 1035·2006 WL 1389857·2006 U.S. Dist. LEXIS 34609
United States District Court, Southern District of CaliforniaMay 5, 2006CIV. 05-1568WQH(NLS)California11,177 words

Opinion

Opinion

Hayes, J.

ORDER

Pending before the Court is a Motion to Dismiss filed by Defendant County of San Diego and Defendant Murphy [Doc. No. 9], a Motion to Dismiss filed by Defendant Chadwick and Defendant Children’s Hospital [Doc. No. 5], and a Motion to Dismiss filed by Defendant Williams [Doc. No. 32]. Each Defendant moves to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6). Also before the Court is Plaintiffs Request for Judicial Notice [Doc. Nos. 22, 38], Defendants Children’s Hospital and Chadwick’s Request for Judicial Notice [Doc. No. 7], and Defendants County, Williams, and Murphy’s Request for Judicial Notice [Doc. No. 11]. The Court finds these matters suitable for submission on the papers and without oral argument pursuant to Civil Local Rule 7.1(d). After considering the arguments raised by the parties in their briefings, the Court now issues the following rulings.

BACKGROUND

On April 27, 1983, Plaintiff Kenneth Marsh was babysitting Phillip Buell, then age 33 months and his sister Jessika, then age 18 months. The children were playing together on the couch in the living room. According to the Complaint, Plaintiff left the room at approximately 11:00 a.m. to get a…

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