Brew
Brew v. City of Emeryville
Opinion
Opinion
Hamilton, J.
ORDER GRANTING PARTIAL SUMMARY JUDGMENT AND REMANDING STATE CAUSES OF ACTION
The motion of defendants City of Emer-yville, Police Chief Kenneth James, Police Sergeant Frank Sierras, and Police Officer Michael McGinn (“Emeryville defendants”) for summary judgment came on for hearing on March 28, 2001, before this court, the Honorable Phyllis J. Hamilton presiding. Also before the court were plaintiffs motion for extension of time to complete discovery, and the Emeryville defendants’ motion to strike the declaration of David Hicks. The Emeryville defendants appeared by their counsel Joel Zeldin, plaintiff William Brew appeared by his counsel Myrna Alvarez, and defendant Victor Ais-sa appeared by his counsel Richard Colom-batto. Having carefully reviewed the parties’ papers and considered the arguments of counsel and the relevant legal authority, and good cause appearing, the court hereby GRANTS the motion for summary judgment, DENIES the motion to extend discovery, and GRANTS the motion to strike the declaration of David Hicks.
BACKGROUND
Plaintiff William Brew was a part owner of a pool hall that formerly operated in Emeryville, California. Brew had an ongoing dispute with the…