Calonge
Calonge v. City Of San Jose
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
ROSALINA CALONGE, Case No. 20-cv-07429-NC Plaintiff,
ORDER DENYING DEFENDANTS’
v. AND PLAINTIFF’S MOTIONS FOR
SUMMARY JUDGMENT ON
CITY OF SAN JOSE, et al., STATE LAW CLAIMS Defendants. Re: ECF 79, 80, 86, 87, 89, 90 15 Before the Court are Defendants’ motion for summary judgment and Plaintiff Rosalina Calonge’s motion for partial summary judgment on state law claims stemming from the shooting and killing of Plaintiff’s son, Francis Calonge. The parties concede all but one state law claim should proceed to a jury trial. For the reasons below, the Court DENIES both motions for summary judgment and DISMISSES without prejudice Plaintiff’s California Public Records Act (CPRA) claim. I. BACKGROUND The Court provides an abbreviated factual and procedural background as relevant to this order. Decedent Francis Calonge was shot and killed by Defendant Officer Edward Carboni on October 31, 2019. ECF 1 ¶¶ 15,…