Figueroa
Figueroa v. Gates
Opinion
Opinion
Collins, J.
This case arises out of the shooting deaths of two men, Jose Figueroa and Mario Guerrero (the “decedents”), by the Los Angeles Police Department (“LAPD”) Special Investigations Section (“SIS”). Forty-one defendants have moved for summary judgment or, alternatively, for a summary adjudication of issues and for bifurcation of the “Monell” claims for municipal Lability. The motions came on regularly for hearing before this court on June 10, 2002. At the conclusion of oral argument, the Court took the matter under submission to consider several new authorities cited by the parties. For the reasons indicated below, Defendants’ Motion for Summary Judgment is GRANTED IN PART and DENIED IN PART, and their Motion for bifurcation of the “Mo-nell” claims is GRANTED.
1. STANDARD ON A MOTION FOR SUMMARY JUDGMENT OR, ALTERNATIVELY, FOR SUMMARY ADJUDICATION OF ISSUES
The Court may grant summary adjudication on a particular claim, defense, or issue under the same standards used to consider a summary judgment motion. See Fed.R.Civ.P. 56(a), (b); Pacific Fruit Express Co. v. Akron, Canton & Youngstown R.R. Co., 524 F.2d 1025 , 1029-30 (9th Cir.1975).