Duchac

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 SANDRA DUCHAC Case No.: 19cv2244-LAB (LL)

Plaintiff,

ORDER GRANTING IN PART

v. MOTION TO DISMISS

UNITED STATES OF AMERICA Defendant. 16 Plaintiff Sandra Duchac filed her Complaint, bringing claims under Federal Tort Claims Act (FTCA) based on a sexual assault by Dr. Manzanera1 at the Veteran’s Administration (VA) Medical Center. She clarified that this was the only claim she intended to bring. (See Docket no. 5.) Duchac alleges that the VA ordered her to attend a medical disability examination at a clinic where Dr. Manzanera worked, and where he assaulted her in an examination room. The United States moved to dismiss for lack of jurisdiction and for failure to state a claim. (Docket no. 6.) In particular, the government argued that Dr. Manzanera was an independent contractor, rather than a federal employee, and 26 27 28 therefore claims against the United States…