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Zepeda v. Schuld

United States District Court, N.D. California

July 3, 2014

RICARDO ZEPEDA, Plaintiff,
v.
WALTER N. SCHULD, et al., Defendants.

ORDER GRANTING DEFENDANTS WALTER N. SCHULD AND BRIAN BUBAR'S MOTION TO DISMISS DKT. NO. 19

KANDIS A. WESTMORE, Magistrate Judge.

On May 16, 2014, Defendants Walter N. Schuld and Brian Bubar filed a motion to dismiss certain allegations in Plaintiff Ricardo Zepeda's complaint on the grounds that they were time-barred.

On July 3, 2014, the Court held a hearing, at which Plaintiff did not appear, and after careful consideration of the parties' arguments and the applicable legal authority, for the reasons set forth below, the Court GRANTS Defendants' motion to dismiss all claims based on incidents that occurred between 2006 and 2008 on the grounds that they are barred by the applicable statute of limitations.

I. BACKGROUND

Plaintiff Ricardo Zepeda alleges civil rights violations in connection with various contacts with law enforcement agencies and personnel, including the San Pablo Police Department, the Richmond Police Department, and the Contra Costa County Sheriff's Department. (Compl., Dkt. No. 1.)

In April 2006, Plaintiff alleges that he was served with an invalid search warrant by the West Contra Costa Narcotics Enforcement Team (Westnet), the San Pablo Police Department, and the Contra Costa County Sheriff's Department for possession of drugs and concealed weapons. (Compl. ¶ 9.) Plaintiff alleges that he and his wife were arrested for possession and sale of guns and drugs, and the officers seized their property, including money, jewelry, and gold. Id.

In 2008, Plaintiff was again allegedly served with an invalid search warrant by Westnet at his residence in Richmond, California. (Compl. ¶ 10.) Plaintiffs alleges that he was arrested and offered a plea bargain, which he took and was released from custody. (Compl. ¶ 10.)

On March 20, 2008, Plaintiff alleges that he was again served with an invalid warrant, and $3996.00 was seized. (Compl. ¶ 11.)

On April 9, 2008, Officer Brian Bubar, Head of Westnet, and other officers allegedly went to Plaintiff's place of employment to execute a search for drugs and guns. (Compl. ¶ 12.) Plaintiff hid inside a bathroom and locked the door, while Bubar executed a search of the shop. Id. When Plaintiff would not exit the bathroom, an officer allegedly threatened Plaintiff with a police K-9. Id. After the officers unlocked the door, they allegedly physically assaulted him before placing him in handcuffs. Id. While in handcuffs, Officer Bayse allegedly ordered the K-9 dog to bite Plaintiff, which resulted in dog bite injuries requiring medical treatment. (Compl. ¶ 13.)

On April 11, 2008, Bubar allegedly came to Plaintiff's house and handcuffed Plaintiff and transported him to the San Pablo Police Department. (Compl. ¶ 13a.) There, Plaintiff was interrogated without being read his Miranda rights, and was pressured to make a deal with the District Attorney. Id. Plaintinff took the plea offer and was released from custody. Id.

In October 2008, Plaintiff allegedly received a phone call from Bubar claiming that he wanted to meet with Plaintiff. (Compl. ¶ 14.) Plaintiff met with Bubar in a San Pablo parking lot where Bubar gave him two DVDs that showed two individuals stating that Plaintiff did not give narcotics or guns to anyone. Id.

In 2012, Plaintiff alleges that the Richmond Police Department came to his house and searched without a warrant, and handcuffed Plaintiff during the duration of the search. (Compl. ¶ 15.)

On February 20, 2013, Plaintiff contends that his residence was again searched by the San Pablo Police Department without a warrant. (Compl. ¶ 16.) During that search they seized a firearm, and arrested Plaintiff. Id.

On February 23, 2013, two days after being released from police custody, Plaintiff received a call that he could retrieve his property. (Compl. ¶ 17.) ...


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