Gutierrez Perez v. City of San Diego

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 FELIX GUTIERREZ PEREZ, Case No.: 3:22-cv-0712-BEN-AGS

Plaintiff,

ORDER DENYING DEFENDANT

v. CITY OF SAN DIEGO’S MOTION

TO DISMISS

CITY OF SAN DIEGO, DOES 1-100,

Defendants. [ECF No. 8-1] 16 I. Introduction Plaintiff Felix Gutierrez Perez (“Plaintiff”) brings his First Amended Complaint (“FAC”) against Defendant City of San Diego (“Defendant”) and Defendants San Diego Police Officers Does 1-100 (“Doe Defendants”). Plaintiff alleges two claims for relief stemming from a law enforcement interaction which resulted in a police dog biting and injuring Plaintiff. The first claim for relief alleges excessive force based on 42 U.S.C. § 1983 against Doe Defendants. The second claim for relief alleges negligence under California Government Code § 815.2(a) against all Defendants. Defendant now moves for dismissal of the FAC on various grounds. In the alternative, Defendant moves for a more definite…