Lua

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 SALVADOR LUA, Case No.: 23cv32-JAH-BLM

Plaintiff,

ORDER:

v. (1) GRANTING IN PART AND

DENYING IN PART DEFENDANTS’

OFFICER IAN MCNETT, CITY OF SAN

REQUEST FOR JUDUICAL NOTICE

DIEGO

15 Defendants. (2) DENYING DEFENDANTS’

MOTION TO DISMISS

17 (ECF Nos. 5-1, 5-2) 18 19 Pending before the Court is Defendant Officer Ian McNett (“Defendant McNett”), and City of San Diego’s (“City of San Diego” or “City”) (jointly, “Defendants”) Motion to Dismiss Plaintiff’s Complaint, (“Motion”, ECF No. 5-1), and Request for Judicial Notice in Support of the Motion to Dismiss (“Judicial Notice”, ECF No. 5-2). On March 9, 2023, Plaintiff Salvador Lua filed a response in opposition to the Motion, (ECF No. 6), and a response in opposition to the request for judicial notice (ECF No. 7). Defendants filed a reply in support of their Motion (ECF No. 8), on April 12, 2023. 27 28 For the reasons set forth below, the Court GRANTS IN PART AND…