McCormick

McCormick v. County of San Diego

Good Law
United States District Court, Southern District of CaliforniaMarch 10, 20213:20-cv-01753California6,173 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 DIANNE McCORMICK, Case No.: 20cv1753 JM (AGS)

Plaintiff,

v. ORDER ON MOTION TO DISMISS

PLAINTIFF’S FIRST AMENDED

COUNTY OF SAN DIEGO, SAN DIEGO

COMPLAINT

SHERIFFS DEPUTIES; DOES 1-10,

15 Defendants. 16 17 The County of San Diego (“the County) moves to partially dismiss Plaintiff’s First Amended Complaint (“FAC”) pursuant to Federal Rule of Civil Procedure 12(b)(6). (Doc. No. 13.) The motion has been fully briefed and the court finds it suitable for submission without oral argument in accordance with Civil Local Rule 7.1(d)(1). For the below reasons, the motion is DENIED IN PART and GRANTED IN PART. I. BACKGROUND In her FAC, Plaintiff alleges that on the morning of January 11, 2020, deputy sheriffs came onto her property and asked to speak with Ms. Clark, the girlfriend of Plaintiff’s tenant. (FAC ¶ 9.) The Deputies were there to perform a “Fourth Waiver compliance check” on Ms. Clark, a parolee. …

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