Lopez

ORDER GRANTING DEFENDANTS’ MOTION FOR JUDGMENT ON THE PLEADINGS

(Docket No. 27)

I. INTRODUCTION

This case arises out of the death of Milanca Lopez — an undergraduate at the University of California, Berkeley — and her six year old son, Xavier. On May 18, 2012, Milanca, Xavier, and Defendant Jose Lumbreras — Milanca’s boyfriend — were involved in a car accident. Lumbreras was driving the vehicle while under the influence of narcotics and/or alcohol. Tragically, Milanca and Xavier did not survive the accident. Milanca’s parents, Me-dardo Lopez and Margarita Lopez (“Plaintiffs”), have instituted the instant action against Lumbreras, the Regents of the University of California (“the U.C. Regents”), and Cephas John, the Leasing & Assignment Manager in the Residential and Student Services Program at U.C. Berkeley. In general, Plaintiffs allege that the U.C. Regents and Mr. John were aware of, and failed to properly respond to, Lumbreras’ continual abuse and harassment of Milanca. They allege that this failure was a proximate cause of Mi-lanca and Xavier’s death.

Before this Court are the motion for judgment on the pleadings brought by the U.C. Regents and Mr. John as well as…