Kelly
Kelly v. County of San Diego
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
10 LISA JOY KELLY, Case No.: 3:20-cv-02206-BEN-MDD 11 Plaintiff, ORDER GRANTING-IN-PART MOTION TO DISMISS v. 13 COUNTY OF SAN DIEGO and DOES [ECF No. 6] 14 1 through 10, inclusive, 15 Defendants.
Plaintiff Lisa Joy Kelly is suing Defendant the County of San Diego (“the County”) and ten unnamed officers (the “Doe Defendants”) for violations of 42 U.S.C. § 1983 (“Section 1983”), negligence, battery, assault, intentional infliction of emotional distress, and trespass. See generally Compl., ECF No. 1. The County filed a motion to dismiss. ECF No. 6. As set forth below, the motion is GRANTED-IN-PART. I. BACKGROUND1 This case arises from injuries Kelly sustained when San Diego County Sheriff’s Deputies responded to a domestic violence call adjacent to Kelly’s home in Escondido,
26 The following overview of the facts is drawn from Kelly’s Complaint, ECF No. 1, which the Court assumes true in analyzing the County’s motion to dismiss. Erickson v. 28 California. …