Estate of Manuel Verdugo v. City of El Centro

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 12 ESTATE OF MANUEL VERDUGO, et Case No.: 20-CV-2458 W (KSC) al.,

ORDER DENYING DEFENDANT’S

Plaintiffs, MOTION TO DISMISS THE THIRD v. CAUSE OF ACTION [DOC. 25] 16 CITY OF EL CENTRO, et al., 17 Defendants. 18 19 20 Pending before the Court is a motion to dismiss for failure to state a claim brought 21 by Defendant City of El Centro (the “City”). Plaintiffs oppose the motion. 22 The Court decides the matter on the papers submitted and without oral argument. 23 See Civ. R. 7.1(d)(1). For the following reasons, the Court DENIES the motion 24 [Doc. 25]. 25 // 26 // 27 I. FACTUAL BACKGROUND The following allegations are taken from the First Amended Complaint (“FAC”). (FAC [Doc. 23].) 4 Plaintiffs Stacy and Sacramento Verdugo are the children of decedent Manuel 5 Verdugo (“Verdugo”) who was fifty years old at the time the events of this action 6 occurred. (Id. ¶ 4.) Verdugo suffered from bipolar disorder and in late December 2019 7 reported feeling…