Herd

Herd v. Cnty. of San Bernardino

Good Law
311 F. Supp. 3d 1157
United States District Court, Central District of CaliforniaApril 27, 2018Case No. CV 17–02545–AB (SPx)California7,489 words

Opinion

Lead Opinion

Birotte, J.

*1161 Before the Court is Defendants City of Fontana and Jason Perniciaro's (collectively, "Defendants") Motion to Dismiss and/or Strike Portions of Plaintiffs' Second Amended Complaint, and/or Motion for a More Definite Statement. (Dkt. No. 37.) Plaintiffs Alexander Herd and A.G., by and through her guardian ad litem Amanda Addington, (collectively, "Plaintiffs"), filed an Opposition, (Dkt. No. 38), and Defendants replied, (Dkt. No. 40). After considering the papers filed in support of and in opposition to the instant Motion, the Court found this matter appropriate for decision without oral argument and took the matter under submission. See Fed. R. Civ. P. 78 ; C.D. Cal. L.R. 7-15. (Dkt. No. 42.) For the reasons stated below, Defendants' Motion is GRANTED in part and DENIED in part.

I. BACKGROUND

This case arises out of an officer-involved shooting that occurred on May 31, 2017 in Hesperia, California. (Dkt. No. 33 ("SAC") ¶ 28.) Plaintiffs allege that at approximately 8:00 a.m., Officer Brian Leyva and Officer Jason Perniciaro arrived at the Main Street Walmart parking lot in unmarked vehicles. ( Id. ¶ 29.) Plaintiffs state that upon arriving, the officers used their vehicles…

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