BARSAMIAN

MEMORANDUM DECISION AND ORDER RE DEFENDANT CITY OF KINGSBURG’S MOTION FOR SUMMARY ADJUDICATION AND PLAINTIFF’S MOTION FOR SUMMARY ADJUDICATION

I. INTRODUCTION

Before the court is Defendant City of Kingsburg’s motion for summary adjudication and Plaintiff Kimberly Barsamian’s cross-motion for summary adjudication, on different issues.

An on-duty police officer for the City of Kingsburg (“City”), Defendant Martin Solis (“Solis” or “Officer Solis”) was dispatched to the residence of Plaintiff Kimberly Barsamian (“Plaintiff’) in response to her mother’s request. At the residence, among other things, Officer Solis evaluated whether Plaintiff, a twenty-six year old female, was under the influence of narcotics. He determined that Plaintiff was not under the influence. Officer Solis remained on the premises, received oral sex from Plaintiff, ejaculated and left the scene. Based on this encounter, Plaintiff filed a state court action asserting various claims. The action was removed to federal court and, subsequently, the City and Plaintiff filed the instant motions.

The following background facts are taken from the parties’ submissions in connection with the motions and other documents…