Paulette Smith v. City of Los Angeles

I. INTRODUCTION & BACKGROUND

Presently before the Court is defendant Edward Agdeppa’s motion for reconsideration of summary judgment or, in the alternative, partial summary judgment. Dkt. 85. The facts of this case are well known to the parties and laid out in detail in the Court’s November 6, 2020 Order. Dkt. 59. On June 16, 2019, plaintiff Paulette Smith, individually and as successor in interest to decedent Albert Dorsey, filed a complaint against defendants Officer Edward Agdeppa and the City of Los Angeles (“City”). Dkt. 1 (‘Compl.”). In her complaint, Smith alleged four claims for relief: (1) violations of 42 U.S.C. § 1983 (“Section 1983”) against Officer Agdeppa based on an unreasonable use of deadly force; (2) violations of Section 1983 based on an unconstitutional policy, practice or custom against the City; (3) wrongful death against Agdeppa and the City based on battery, pursuant to Cal. Gov’t Code §§ 815.2(a), 820(a) and Cal. Civ. Code § 43; and (4) wrongful death against Agdeppa and the City based on negligence, pursuant to Cal. Gov’t Code §§ 815.2(a), 820(a). See Compl. On May 6, 2020, the parties stipulated to dismiss the City…