Eric Ray Castro, Trustee of the Eric Ray Castro Trust v. Officer C. Ganot (SANCATT-6); San Bernardino Sheriff's Department; North County Buick GMC Cadillac; California Highway Patrol; and Does 1-50

Summary

The United States District Court for the Southern District of California grants Defendant My Escondido BCG LLC’s motion to dismiss claims brought by pro se plaintiff Eric Ray Castro. The court concludes that, although the alleged filing of a false police report could support an intentional infliction of emotional distress theory, the complaint does not allege sufficient facts to state a claim against the defendant. The dismissal is granted with leave to amend by October 31, 2025.

Holdings

1. The complaint failed to state a plausible claim for relief against My Escondido BCG LLC because it contained only one factual allegation concerning that defendant and did not clearly connect the defendant to the listed claims.
2. The allegation that My Escondido BCG LLC knowingly filed a false police report did not state an intentional infliction of emotional distress claim because Plaintiff alleged no facts supporting the required emotional-distress and causation elements.
3. Plaintiff was granted leave to amend the complaint to address the identified pleading deficiencies.

Questions Presented

1. Whether the complaint stated a plausible claim for relief against My Escondido BCG LLC under the Rule 12(b)(6) pleading standard.
2. Whether Plaintiff's allegation that My Escondido BCG LLC filed a false police report plausibly stated an intentional infliction of emotional distress claim.
3. Whether Plaintiff should be granted leave to amend after dismissal for failure to state a claim.

Disposition

dismissed