Castillo

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 MANOLITO CASTILLO, Case No.: 19cv00200 JAH-RBB

Plaintiff,

ORDER DENYING DEFENDANT’S

v. MOTION TO DISMISS [Doc. No. 62] UNITED STATES OF AMERICA, Defendant. 16 17 Pending before the Court is Defendant’s motion to dismiss for failure to establish jurisdiction. Defendant contends Plaintiff’s action is jurisdictionally barred pursuant to the discretionary function exception to the waiver of sovereign immunity under the Federal Tort Claims Act (“FTCA”). The discretionary function exception precludes: Any claim based upon an act or omission of an employee of the Government, exercising due care, in the execution of a statute or regulation, whether or not such 23 statute or regulation be valid, or based upon the exercise or performance or the failure to exercise or perform a discretionary function or duty on the part of a federal agency or an employee of the Government, whether or not the discretion…