Paulette Smith v. City of Los Angeles

I. INTRODUCTION AND BACKGROUND

On June 16, 2019, plaintiff Paulette Smith (“plaintiff or “Smuth”), individually and as successor in interest to decedent Albert Dorsey (“Dorsey” or “decedent’), filed a complaint against defendants Officer Edward Agdeppa (“defendant” or “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 alleged 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 alleged 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 alleged 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 from the case, leaving claims one, three and four as alleged against Agdeppa. See Dkts. 30, 31. On June 30, 2020, Agdeppa, now the sole defendant, filed a motion for summary judgment, or, in the…