Dalton

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 STEVEN DALTON, et al., Case No.: 21-CV-2143 W (WVG)

Plaintiffs,

ORDER GRANTING IN PART AND

v. DENYING IN PART DEFENDANT’S

MOTION TO DISMISS [DOC. 4]

COUNTY OF SAN DIEGO, et al., Defendants. 16 Pending before the Court is Defendant San Diego County’s motion to dismiss the Complaint under Federal Rule of Civil Procedure 12(b)(6). Plaintiffs oppose. The Court decides the matters on the papers submitted and without oral argument. See Civ. L.R. 7.1(d)(1). For the reasons stated below, the Court GRANTS IN PART and DENIES IN PART the motion to dismiss [Doc. 4]. 22 I. BACKGROUND Plaintiffs Steven Dalton and Tina Pizzo live together as domestic partners in a long term, committed relationship. (Compl. [Doc. 1] ¶ 5.1) At the time of the underlying

27 28 1 Generally, this Court’s orders refer to parties by their last names. However, where parties and/or incident, the couple had four children ages 9,…