Villa

Villa v. Cole

Good Law
1992 Cal. App. LEXIS 460·4 Cal. App. 4th 1327·6 Cal. Rptr. 2d 644·92 Cal. Daily Op. Serv. 2924
Court of Appeal of CaliforniaMarch 18, 1992A053056California3,943 words

Opinion

Opinion

White, J.

Robert R. Villa appeals from a judgment entered upon the granting of the motion for summary judgment of respondents Rufus L. Cole and Raymond A. Seeterlin, and from an order granting respondent Cole’s motion to compel production of documents and imposition of sanctions. We affirm.

I. Factual and Procedural Background

This lawsuit arose from an altercation between respondent Seeterlin and appellant Villa, a police officer employed by the City of Alameda (City), that occurred at the time of Villa’s attempt to administer a field sobriety test to the driver of an automobile in which Seeterlin was a passenger. As a result of this altercation, Villa arrested Seeterlin for drunk and disorderly conduct (Pen. Code, § 647, subd. (f).

The Underlying Seeterlin Lawsuit

Seeterlin retained respondent Cole, an attorney. In July 1987, Cole filed a lawsuit in Alameda County Superior Court on Seeterlin’s behalf against the City, the Alameda Chief of Police, and two individual Alameda police officers, Officer James Alves and appellant Villa. The complaint alleged multiple causes of action against each of the defendants, including violation of civil rights, assault and battery, false…

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