Leal v. County of San Bernardino CA4/2
Ernesto Quintero (Quintero), the adult son of plaintiffs and appellants Maria Leal and Nicholas Quintero (plaintiffs), died while in custody at a county jail. Plaintiffs attribute his death to failure to provide adequate medical care; Quintero had a history of asthma, heroin dependency, and addiction to other drugs.
In this appeal, plaintiffs challenge the trial court’s order sustaining without leave to amend the demurrer of defendants and respondents County of San Bernardino (the County), San Bernardino Sheriff’s Department (the Department), John McMahon (McMahon) , and Jeff Rose (Rose) to plaintiffs’ first amended complaint (FAC). We find that plaintiffs should have been granted leave to amend with respect to their claims against all defendants except McMahon, and therefore reverse the judgment in part.
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