Atayde

ORDER GRANTING IN PART AND ■ DENYING IN PART DEFENDANTS’ MOTIONS TO DISMISS

This matter came before the court on December 6,. 2016, for hearing of defendants’ motions to dismiss pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. (Doc. Nos. 76, 78.) Attorney Michael Haddad appeared on behalf of plaintiff Lucy Atayde, successor in interest of decedent Richard Michael Ramirez. Deputy Attorney General Krista Dunzweiler appeared on behalf of defendants Napa State Hospital (“NSH”), Dolly Matteucci, and Dana White (the “state defendants”). Attorney Jerome Varanini appeared on behalf of defendant Merced County. Attorney Jemma Saunders appeared on behalf of California Forensic Medical Group Inc. (“CFMG”), Taylor Fithian, Deborah Man-dujano, Corina Denning, Sean Ryan, Tom Cavallero, Jason Goins, and Heather Goode (the “county defendants”). Following oral argument, defendants’ motions were taken under submission. For the reasons stated below, the court will grant in part and denies in part defendants’ motions to dismiss.

FACTUAL BACKGROUND

On January 5, 2016, plaintiff Lucy Atayde, the mother of decedent Richard Michael Ramirez, filed suit in the U.S. District Court for…