Torres
Estate of Lopez ex rel. Lopez v. Torres
Opinion
Lead Opinion
Curiel, J.
ORDER VACATING HEARING AND GRANTING DEFENDANT TORRES’S MOTION TO DISMISS
INTRODUCTION
Presently before the Court is a Motion to Dismiss filed by Defendant Lou Torres. (ECF No. 12.) The parties have fully briefed the motion. (ECF Nos. 14, 15.) Pursuant to Civil Local Rule 7.1(d)(1), the Court finds the matter suitable for adjudication without oral argument. For the following reasons, the Court GRANTS Defendant Torres’s Motion to Dismiss.
FACTUAL BACKGROUND
This case arises from the shooting death of Angel Lopez (“Lopez”) on January 17, 2013. Plaintiffs allege that shortly after 8:00 a.m. on January 17, 2013, a heroin dealer and police informant named Alec Pojas (“Pojas”) placed a telephone call to *1153 Defendant Lou Torres (“Agent Torres”), a parole agent employed by the California Department of Corrections and Rehabilitation. (ECF No. 1, Compl. ¶¶ 9, 14, 29, 30.) Pojas refused to provide his name, but told Agent Torres that Lopez and his father, Alex Lopez, had kidnapped Pojas and held him prisoner in Apartment 58 of 5444 Reservoir Drive, San Diego, California, for over four weeks. (¶¶31, 33-35.) During that time, Lopez and his father allegedly tortured Pojas, leaving his…