Esquivel
Esquivel v. State of California Department of Social Services
Opinion
trial_court Opinion
1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 CRYSTAL ESQUIVEL, Case No. 1:22-cv-00001-EPG 11 Plaintiff, 12 v. ORDER GRANTING DEFENDANT’S
MOTION TO DISMISS THE FIRST
13 FRESNO COUNTY DEPARTMENT OF AMENDED PETITION
SOCIAL SERVICES,
14 (ECF No. 24) Defendant. 15
16 Plaintiff Crystal Esquivel (“Plaintiff”), proceeding through counsel, filed this action 17 pursuant to the Indian Child Welfare Act (“ICWA”), 25 U.S.C. § 19011 et seq., on December 28, 18 2021. (ECF No. 1).2 On March 15, 2022, Plaintiff filed a First Amended Complaint (“FAP”). 19 (ECF No. 10). Plaintiff alleges that Defendant Fresno County Department of Social Services 20 (“Defendant”) failed to comply with statutory inquiry and notice requirements under 25 U.S.C. § 21 1914. On June 16, 2022, on consent of the parties, the case was reassigned from District Judge 22 Dale A. Drozd to the undersigned. (ECF No. 23). Defendant filed a motion to dismiss the FAP on 23 July 29, 2022, for lack of subject matter jurisdiction and failure to state a…