Anderson
Anderson v. County of Fresno
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 9 ANGELINA ANDESON, individually and CASE NO. 1:21-CV-0589 AWI SAB as successor in interest to decedent Carlos Baires,
ORDER VACATING JUNE 28, 2021
Plaintiffs HEARING AND ORDER ON
DEFENDANTS’ MOTION TO DISMISS
v.
COUNTY OF FRESNO, et al., (Doc. No. 6)
Defendants
16 17 This is a civil rights case that stems from a fatal encounter between decedent Carlos Baires and members of the Fresno County Sheriff’s Department and the California Highway Patrol. Currently before the Court is a Rule 12(b)(6) motion to dismiss by the Highway Patrol defendants. Hearing on this motion is set for June 28, 2021. Background On April 8, 2021, Plaintiff filed her complaint for damages. On May 19, 2021, Defendants filed a Rule 12(b)(6) motion to dismiss. On June 9, 2021, Plaintiff filed a First Amended Complaint (“FAC”). Discussion Under Rule 15(a)(1)(B), “A party may amend its pleading once as a matter of course: . . . (B) if the…