Lucas

ORDER ON TASER INTERNATIONAL’S RULE 12(b)(6) MOTION TO DISMISS

This is a civil rights lawsuit brought by Plaintiff Jesse Lucas (“Lucas”) against Defendants the City of Visalia (“the City”), Visalia police officers Carmen Esparza (“Esparza”) and Sean O’Rafferty (“O’Rafferty”), and Taser International, Inc. (“Taser Int.”). Lucas alleges violations of 42 U.S.C. § 1983 and various state laws, including products liability. The Court granted in part and denied in part two prior motions to dismiss that had been filed by the City and its officers. The active complaint is the Second Amended Complaint (“SAC”). Taser Int. now moves under Rule 12(b)(6) to dismiss the ninth and tenth causes of action. For the reasons that follow, the motion will be granted in part and denied in part.

BACKGROUND

From the SAC, it is alleged that Lucas’s girlfriend called 911 for medical assistance for Lucas, who appeared to have suffered a seizure(s). Lucas has a history of seizures. Personnel from American Ambulance Co. and the Visalia Fire Department arrived at Lucas’s residence and conferred with Lucas, who repeatedly and clearly refused medical treatment and requested that the everyone was to leave his…