Pogue

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 TINA POGUE, individually and as Case No.: 21-CV-309 TWR (MDD) representative and successor of interest of 12 the ESTATE OF JOSEPH JIMENEZ, ORDER (1) GRANTING IN PART AND DENYING IN PART THE Plaintiff,

CITY’S MOTION TO DISMISS, AND

14 v. (2) DENYING THE COUNTY’S MOTION TO DISMISS

COUNTY OF SAN DIEGO, DEPUTY

JASON HAYEK, SERGEANT DOE, (ECF Nos. 16, 17)

CITY OF VISTA, VISTA FIRE

17 PARAMEDIC DOE, and DOES 2–5 and 7–10, Defendants.

Presently before the Court are the Motions to Dismiss Plaintiff Tina Pogue’s First Amended Complaint filed by Defendants the City of Chula Vista (the “City”) (“City Mot.,” ECF No. 16) and the County of San Diego (the “County”) and Deputy Jason Hayek (“Cty. Mot.,” ECF No. 17) (together, the “Motions”), as well as Plaintiff’s Responses in Opposition to (“Cty. Opp’n,” ECF No. 18; “City Opp’n,” ECF No. 19), and Defendants’ / /…