Sandoval
Sandoval v. City of National City
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 ESTATE OF BRIAN UMANA, by and Case No.: 22CV1657-GPC(SBC) through its successor-in-interest B.U., a 12 minor, by and through her guardian ad ORDER GRANTING IN PART AND litem Roberto Umana, individually and as DENYING IN PART DEFENDANTS’ successor in interest to Brian Umana; MOTION TO DISMISS THE
MARGARITA CARDENAS, SECOND AMENDED COMPLAINT
individually, [DKT. NO. 42.] Plaintiffs, v. NATIONAL CITY, a municipal corporation; NATIONAL CITY POLICE 19 DEPARTMENT, an unknown entity; OFFICERS MICHAEL SPORTELLI and
EVAN DAVIS; CORPORAL RYAN
21 STINNETT, and DOES 1-20, 22 Defendants.
24 Before the Court is Defendants’ motion to dismiss the second amended complaint 25 (“SAC”) for failure to state a claim pursuant to Federal Rule of Civil Procedure 12(b)(6). 26 (Dkt. No. 42.) Plaintiffs filed an opposition and Defendants replied. (Dkt. Nos. 29, 50.) 27 The Court finds that the matter is appropriate for decision without oral argument pursuant 28 to Local Civ. R. 7.1(d)(1). Based…