Forbes
Forbes v. Macchione, FACHE
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 11 ASHTON FORBES, Case No. 20-cv-00998-BAS-JLB
Plaintiff,
ORDER GRANTING DEFENDANTS’
v. MOTIONS TO DISMISS (ECF Nos. 11, 12) COUNTY OF SAN DIEGO; GAVIN
NEWSOM, in his official capacity as the 16 Governor of California; TOMÁS J. ARAGÓN, in his official capacity as the State Public Health Officer, 18 Defendants.
Plaintiff Ashton Forbes brings this action against the County of San Diego, the Governor of California, and California’s Public Health Officer1 to challenge the face mask requirements imposed during the COVID-19 pandemic. The County moves to dismiss Plaintiff’s action under Federal Rule of Civil Procedure 12(b)(6). (ECF No. 11.) California’s Governor and its Public Health Officer (collectively, the “State”) similarly move to dismiss the action. (ECF No. 12.) Plaintiff opposes. (ECF No. 13.) 26 27 The Court substitutes Tomás J. Aragón in place of the former official, Sonia Y. Angell. See Fed. 28 …