CONTRERAS EX REL. CONTRERAS v. County of Glenn

ORDER GRANTING DEFENDANTS COUNTY OF GLENN, GLENN COUNTY SHERIFF’S DEPARTMENT, AND SHERIFF LARRY JONES’ MOTION TO DISMISS AND MOTION TO STRIKE

This matter comes before the Court on Defendants’ County of Glenn, Glenn County Sheriffs Department, and Sheriff Larry Jones’ (“Defendants’ ”) Motion to Dismiss, (Doc. 10), Plaintiffs’ Estate of Jessie P. Contreras, Leonor Contreras and Jessie Contreras’ (“Plaintiffs”) First Amended Complaint (“FAC”). (Doc. 6). Defendants seek dismissal of Plaintiffs’ fourth claim for relief for failure to state a claim pursuant to Federal Rule of Civil Procedure 12(b)(6). Defendants ask the court to strike or dismiss Leonor Contreras as a plaintiff in the first and second claims for relief, and in the survival action portion of the fifth through eighth claims for relief. Defendants further request an order for a more definite statement pursuant to Federal Rule of Civil Procedure 12(e) with regard to certain claims and factual issues. Lastly, Defendants move to strike all allegations of decedent’s pre-death pain, suffering or disfigurement, pursuant to Federal Rule of Civil Procedure 12(f).

FACTUAL AND PROCEDURAL BACKGROUND

Decedent Jessie P. Contreras…