Clines

Clines v. County of San Diego

Good Law
United States District Court, Southern District of CaliforniaAugust 3, 20213:20-cv-02504California4,406 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 12 K.C.A., (by and through his guardian Case No.: 20-CV-2504 W (BLM) Amanda Purvis), individually, and as 14 successor in interest to his father, Mark ORDER DENYING DEFENDANT’S Armendo, deceased; PATRICE CLINES, MOTION TO DISMISS [DOC. 10] individually, 16 Plaintiffs, 17 v. 18 COUNTY OF SAN DIEGO and DOES 1- 19 50, 20 Defendants. 21 Defendant County of San Diego (the “County”) moves to dismiss the First Amended Complaint (“FAC”) under Federal Rule of Civil Procedure 12(b)(6) and strike immaterial portions under Rule 12(f). Plaintiffs K.C.A. and Patrice Clines (“Ms. Clines”) oppose. The Court decides the matter on the papers submitted and without oral argument. See Civ. L.R. 7.1(d)(1). For the reasons stated below, the Court DENIES the motion to dismiss [Doc. 10]. I. BACKGROUND Plaintiffs seek to recover against the County in connection with the death of Mark Armendo (“Decedent”) while he was a prisoner in the County’s custody. K.C.A., a minor, is Decedent’s only surviving child and suing…

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