Warren v. County of San Diego

District Court, S.D. California·Decided August 4, 2025·No. 3:25-cv-01866·Unknown

Opinion

CLARE ELAINE WARREN; J.F., a Case No.: 25-CV-1866 TWR (KSC) minor by and through his Guardian ad Litem ALAN MARK HARARI; and R.F., ORDER (1) DENYING MOTION a minor by and through her Guardian ad FOR TEMPORARY RESTRAINING Litem ALAN MARK HARARI, ORDER, (2) GRANTING MOTION TO APPOINT GUARDIAN AD Plaintiffs, LITEM, (3) DENYING WITHOUT v. PREJUDICE APPLICATION TO FILE UNDER SEAL, (4) GRANTING COUNTY OF SAN DIEGO; SAN MOTION FOR LEAVE TO FILE DIEGO COUNTY HEALTH AND EXCESS PAGES, AND (5) DENYING HUMAN SERVICES AGENCY; MOTION FOR LEAVE TO FILE POLINSKY CHILDREN’S CENTER; RADY CHILDREN’S HOSPITAL;

ALEJANDRA GUTIERREZ; (ECF Nos. 3, 4, 5, 6, 7, 22) CHRISTINE MORSE; M.D. SHALON NIENOW; and DOES 1-50 Inclusive, Defendants.

Presently before the Court are Plaintiffs J.F, a minor by and through his guardian ad litem Alan Mark Harari; R.F., a minor by and through her guardian ad litem Alan Mark Harari; and Clare Elaine Warren’s Emergency Motion for Temporary Restraining Order (“TRO Mot.,” ECF No. 7), as well as Defendant County of San Diego’s (“County”) / / / Response in Opposition to the TRO Motion (“Opp’n,” ECF No. 20), Defendant Rady Children’s Hospital’s Joinder in Defendant County’s Opposition (“Joinder,” ECF No. 21). Also before the Court are Plaintiffs’ Motion to Appoint Guardian ad Litem (ECF No. 3), Application to File Exhibits Under Seal (ECF No. 4), Amended Application to File Exhibits Under Seal (ECF No. 5), Motion for Leave to File Excess Pages (ECF No. 6), and Motion for Leave to File Reply Brief (ECF No. 22), as well as Defendant County’s Response in Opposition to the Amended Application to File Exhibits Under Seal (ECF No. 19). For the reasons set forth below, the Court GRANTS Plaintiffs’ Motion to Appoint Guardian ad Litem (ECF No. 3), GRANTS Plaintiffs’ Motion for Leave to File Excess Pages (ECF No. 6), DENIES Plaintiffs’ Motion for Leave to File Reply Brief (ECF No. 22); DENIES WITHOUT PREJUDICE Plaintiffs’ original (ECF No. 4) and Amended (ECF No. 5) Applications to File Exhibits Under Seal, and DENIES Plaintiffs’ Motion for Temporary Restraining Order (ECF No. 7) in its entirety. BACKGROUND1 Plaintiff Clare Elaine Warren is the mother and sole legal custodian of Plaintiffs J.F. and R.F., both of whom are minor children. (ECF No. 1 (“Compl.”) ¶ 1.) Plaintiffs allege that from 2022 to 2023, Joseph Franco—J.F. and R.F.’s biological father—threatened, assaulted, and stalked Ms. Warren and her children. (Id. ¶¶ 29–30.) Although Plaintiffs obtained criminal protective orders, the abuse displaced the family; Ms. Warren and her children bounced between domestic violence shelters before permanently relocating to Los Angeles County. (Id. ¶¶ 29, 31, 38–39.) / / / 1 Without assuming their veracity, all facts are taken from the Complaint for the purposes of the factual background. See Int’l Molders’ & Allied Workers’ Loc. Union No. 164 v. Nelson, 799 F.2d 547 (9th Cir. 1986) (“In deciding a motion for a preliminary injunction, the district court ‘is not bound to decide doubtful and difficult questions of law or disputed questions of fact.’” (quoting Dymo Indus., Inc. v. Tapewriter, Inc., 326 F.2d 141, 143 (9th Cir. 1964))). On May 30, 2025, Plaintiffs traveled to San Diego County to meet with the San Diego District Attorney’s Office to discuss protective services in light of Mr. Franco’s release from prison. (Id. ¶ 41.) After the meeting, Ms. Warren and her children visited Ms. Warren’s San Diego storage unit. (Id. ¶ 43.) Around 10:00 p.m. that evening, police officers responded to a security threat at the storage facility and encountered Ms. Warren and her children inside Ms. Warren’s storage unit.2 (Id. ¶¶ 46–47.) After the officers searched Ms. Warren’s vehicle and found ammunition, a gun not registered to Ms. Warren, and “broken pipes,” the officers took Ms. Warren into custody. (Id. ¶¶ 48–49.) Because the officers could not locate an adult who was available to take custody of J.F. and R.F., the officers took the children to Polinsky Children’s Center (“PCC”) while Ms. Warren was booked and released from the police station. (Id. ¶¶ 40–51.) PCC staff transported J.F. and R.F. to Rady Children’s Hospital, where medical staff allegedly examined the children without Ms. Warren’s knowledge or consent. (Id. ¶¶ 55, 62.) After her release from custody, Ms. Warren attempted to collect J.F. and R.F. from PCC, but PCC staff refused Ms. Warren access to her children. (Id. ¶¶ 56–57.) Ms. Warren’s partner, Mark Harari, arrived at PCC to help Ms. Warren retrieve her children, and Ms. Warren summoned law enforcement officers to assist her as well. (Id. ¶ 69.) Nevertheless, Ms. Warren was unable to reunite with her children. (Id. ¶¶ 70–71, 79–80.) Meanwhile, county officials initiated juvenile proceedings regarding J.F. and R.F.’s custody in PCC. (Opp’n at 6:19–20;3 ECF No. 20-1 (“Fellman Decl.”) ¶ 2.) On July 23, 2025, Plaintiffs brought this action, in which they assert nine causes of action for violation of federal civil rights, violation of state civil rights, and judicial

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