Escalera

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA San Francisco Division MARIA ESCALERA, et al., Case No. 23-cv-06491-LB

Plaintiffs,

ORDER GRANTING MOTION TO

v. DISMISS

CITY OF SAN PABLO, et al., Re: ECF No. 30 Defendants. 16 INTRODUCTION On December 15, 2021, San Pablo police officers shot and killed Sergio Baldemar Escalera- Valdez, who was carrying a replica BB gun that was labeled as (and looked like) a Colt Defender (a real handgun). He sued the officers and the City of San Pablo for violations of federal and state law and Umarex, the manufacturer of the replica gun, for a design defect that created a danger — a BB gun that looked real — that caused his death. Umarex moved to dismiss in part because the BB gun complied with federal and state marking requirements and carried warnings, and the plaintiff did not otherwise state a design-defect claim. The court grants the motion on these grounds. 25 …