Guzman

ORDER

On August 24, 1984, plaintiff Joseph Guzman (“Guzman”) was arrested for suspicion of drunk driving. Incident to the arrest, an altercation ensued between Guzman and his wife, and defendants J.M. Van Demark and S.A. Wood, officers of the Department of California Highway Patrol (“CHP”). Plaintiffs seek monetary relief under 42 U.S.C. §§ 1983 and 1985, and under various California laws for injuries allegedly caused by the tortious conduct of the CHP officers. The several defendants, including the State of California (“the State”) and the CHP, have moved to dismiss the action on the grounds of sovereign immunity and the running of the appropriate statutes of limitations. For the reasons discussed below, the motion is granted in part and denied in part.

FACTS

The complaint alleges that on August 24, 1984, the Guzmans were driving on U.S. Highway 101 from Oxnard, California, to Los Angeles County Hospital to visit Guzman’s father who was a patient there. Guzman was driving when he and his wife were stopped and detained by officers Van Demark and Wood. As a result of this detention, Guzman was arrested for driving while intoxicated (Cal.Veh.Code § 23152). While arresting him,…