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Estate of James Garcia v. City of Sacramento

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


June 19, 2012

ESTATE OF JAMES GARCIA,
PLAINTIFF,
v.
CITY OF SACRAMENTO, RICK BRAZIEL, AND GARY DAHL DEFENDANTS.

The opinion of the court was delivered by: Hon. John A. Mendez United States District Court Judge

ORDER ON PLAINTIFF'S MOTION FOR SUMMARY ADJUDICATION

Plaintiff ESTATE OF JAMES GARCIA's Motion for Summary Adjudication was heard by the Court on June 13, 2012. Defendants CITY OF SACRAMENTO, GARY DAHL and RICK BRAZIEL were represented by Senior Deputy City Attorney Sheri M. Chapman. Plaintiff ESTATE OF JAMES GARCIA was represented by Stewart Katz.

On consideration of the moving and opposition papers, all the evidence and the inferences reasonably deducible therefrom, the Court makes the following rulings and determinations:

IT IS HEREBY ORDERED that:

1. Plaintiff's request for judicial notice of three maps depicting 442 Potomac Avenue in Sacramento and the surrounding area is denied.

2. Plaintiff's Motion for summary adjudication against Defendant GARY DAHL of the first claim for relief alleging an unreasonable seizure and excessive force pursuant to 42 U.S.C. Section 1983 in favor of Plaintiff ESTATE OF JAMES GARCIA is denied.

AINTIFF'S MOTION FOR SUMMARY ADJUDICATION

3. Plaintiff's Motion for summary adjudication against Defendant City of Sacramento of the seventh claim for relief alleging a violation of California Civil Code section 3342 in favor of Plaintiff ESTATE OF JAMES GARCIA is denied.

4. The Court, on its own motion, grants summary adjudication of the seventh claim for relief alleging a violation of California Civil Code section 3342 in favor of the CITY OF SACRAMENTO.

IT IS SO ORDERED.

John A. Mendez

Approved as to form. Dated: ____________ EILEEN M. TEICHERT City Attorney _____________________ SHERI M. CHAPMAN Senior Deputy City Attorney

AINTIFF'S MOTION FOR SUMMARY ADJUDICATION

20120619

© 1992-2012 VersusLaw Inc.



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