Lawrence Yaple v. County of Riverside

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8 United States District Court 9 Central District of California

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11 LAWRENCE YAPLE et al., Case № 5:23-cv-01478-ODW (ASx)

12 Plaintiffs,

ORDER DENYING DEFENDANTS’

13 v. 14 C OUNTY OF RIVERSIDE et al., MOTION TO DISMISS [9]

15 Defendants.

16 17 I. INTRODUCTION 18 Plaintiffs Lawrence Yaple and Tracey Yaple bring this action against Defendants 19 County of Riverside, City of Desert Hot Springs (“City”), Officer Jason Kupka, 20 Officer Christopher Saucier, Officer Gustavo Ramirez, Officer Christopher James, and 21 Officer Christopher Tooth, alleging Bane Act violations, negligence, negligent 22 infliction of emotional distress, and excessive use of force and unreasonable search 23 and seizure in violation of the Fourth Amendment. (Notice of Removal (“NOR”) 24 Ex. F (“First Am. Compl.” or “FAC”), ECF Nos. 1, 1-1.) The City and Officer 25 Defendants (collectively, “Moving Defendants”) now move to dismiss Plaintiffs’ FAC 26 under Federal Rule of Civil Procedure (“Rule”) 12(b)(6). (Mot. Dismiss (“Motion” or 27 28 1 “Mot.”), …