Schmidt
Schmidt v. County of San Diego
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 12 JENNIFER SCHMIDT, et al., Case No.: 23-cv-0899 W (DDL)
Plaintiffs,
ORDER GRANTING DEFENDANTS’
v. MOTION TO DISMISS [DOC. 10]
WITH LEAVE TO AMEND
COUNTY OF SAN DIEGO, et al., Defendants 18 19 Pending before the Court is Defendants’ motion to dismiss the First Amended Complaint under Federal Rule of Civil Procedure 12(b)(6). Plaintiffs oppose. The Court decides the matter on the papers submitted and without oral argument. See Civ. L.R. 7.1(d.1). For the following reasons, the Court GRANTS the motion to dismiss [Doc. 10] WITH LEAVE TO AMEND. 25 I. OVERVIEW This lawsuit arises out of the death of Gilbert Gonzalo Gil while in the custody of Defendant County of San Diego. The First Amended Complaint (“FAC”) charges the County and other defendants with deliberate indifference to Mr. Gil’s serious medical needs and asserts three federal causes of action for violation of 42 U.S.C. § 1983…