Okoro

Sylvester Okoro appeals from the trial court’s order sustaining the demurrer of the City of Oakland, Sergeant Enoch Olivas and Officer Lisa Ausmus. By earlier order, we dismissed the appeal with regard to the City of Oakland. We now reverse the judgment with regard to Olivas and Ausmus.

PROCEDURAL HISTORY

On February 25, 2002, appellant and his wife, Ava Robinson filed a complaint in federal district court against the City of Oakland (City) and its police department, police chief, and city manager and unnamed police officers, designated as Does 1-100. The complaint alleged causes of action for violation of civil rights ( 42 U.S.C. §§ 1981 , 1983), false arrest and imprisonment, battery, trespass to chattels, intentional and negligent infliction of emotional distress, negligence and defamation. All causes of action arose from an alleged entry by Oakland police officers into appellant’s home on June 28, 2001, and his subsequent arrest. Appellant’s requisite claim under the California Government Tort Claims Act, Government Code section 900 et seq., had been denied on October 16, 2001.

On March 24, 2003, the district court dismissed all defendants, except the City, for…