Lisa Vargas v. County of Los Angeles

BACKGROUND

I. Factual Background

25 This case concerns a deputy-involved shooting, in which Anthony Vargas (“Anthony 26 Vargas”), the son of Plaintiff Lisa Vargas (“Lisa Vargas”), was killed by Defendants Nikolis Perez 27 and Jonathan Rojas (“Deputy Defendants”). ECF No. 159 (“MSJ Order”) at 2. On August 28, 2018, 28 When the Deputy Defendants arrived on the scene, a struggle between Anthony Vargas and the Deputy Defendants ensued and the Deputy Defendants subsequently shot Anthony Vargas sixteen times. Id. at 2–3. II. Procedural History Lisa Vargas (“Plaintiff” or “Vargas”), the mother of Anthony Vargas, filed the instant lawsuit against the County of Los Angeles (the “County”) and the Deputy Defendants.1 ECF No. 1-1 (“Compl.”). On August 19, 2019, Lisa Vargas filed a First Amended Complaint, alleging six causes of action: (1) battery (wrongful death) (Claim 1); (2) negligence (wrongful death) (Claim 2); (3) violation of the Bane Act (CAL. CIV. CODE § 52.1) (Claim 3); (4) unreasonable search and seizure— excessive force and denial of medical care (42 U.S.C. § 1983) (Claim 4); (5) substantive due process (42 U.S.C. § 1983)…