Gilliland

Filed 12/9/25 (unmodified opinion attached)

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION ONE

MELANIE GILLILAND,

Plaintiff and Appellant,

A170666

v. CITY OF PLEASANTON, (Alameda County Super. Ct. No. RG18924833) Defendant and Respondent.

ORDER MODIFYING OPINION

AND DENYING REHEARING

[NO CHANGE IN JUDGMENT]

THE COURT:

Respondent City of Pleasanton filed a petition for rehearing of our opinion herein, which was filed on November 19, 2025. In the petition, the City clarified that the scope of the evidence at the bench trial was a subset of the evidence submitted on summary judgment. This clarification does not affect the disposition of this appeal, but we order the opinion modified as follows: 1. On page 3, footnote 3, delete the second sentence of the footnote. Modify the footnote’s first sentence to read, “We draw the facts primarily from Henry’s and Officer Harvey’s depositions, which were submitted both in conjunction with the City’s unsuccessful motion for summary judgment and at the bench trial.” 2. On page 4, delete footnote 4. Renumber the subsequent footnotes…