Moyo

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 PAMELA MOYO et al., Case No.: 22cv905-L-AHG

Plaintiffs,

ORDER GRANTING MOTION TO

v. DISMISS WITH LEAVE TO AMEND

UNITED STATES et al., [ECF No. 8] Defendants. 16 Pending before the Court in this personal injury action is the Government’s motion to dismiss for lack of subject matter jurisdiction. Plaintiffs filed an opposition and the Government replied. For the reasons stated below, the motion is granted with leave to amend. Plaintiffs filed a personal injury action arising from a car accident on Interstate 805 in San Diego, California. Plaintiffs filed the action in State court alleging negligence and loss of consortium against Defendants Cesar Loredo and Marc Pierre. (ECF No. 1-2.) After two years of litigation, the United States substituted itself for Defendant Loredo pursuant to the Federal Tort Claims Act, 28 U.S.C. §§ 1346, 2671-80 (“FTCA”), based on certification that Loredo “was…