Ayala
Ayala v. KC Environmental Health
Opinion
Opinion
O'Neill, J.
SUMMARY JUDGMENT DECISION
INTRODUCTION
In this malicious prosecution action under 42 U.S.C. § 1983 (“section 1983”), defendants Kern County Environmental Health Services Department (“EHS”), EHS environmental specialist William O’Rullian (“Mr.O’Rullian”), and EHS environmental health technician Terry Gray (“Mr.Gray”) seek summary judgment on grounds that evidence negates the claims of plaintiffs Leroy Edwards, Kenneth Edwards and Roxanne Ayala (collectively “plaintiffs”) and that Mr. O’Rullian and Mr. Gray are entitled to qualified immunity. This Court considered the County defendants’ summary judgment motion on the record and without oral argument, pursuant to this Court’s Local Rule 78-230(h). For the reasons discussed below, this Court GRANTS the Kern County defendants summary judgment.
BACKGROUND
The Parties
Plaintiff Leroy Edwards (“Leroy”) is the father of plaintiff Kenneth Edwards (“Kenneth”) and Ms. Ayala. At times relevant, Ms. Ayala was the sole owner of Action Sewer Pumping (“Action”), a septic pumping business. According to plaintiffs, Ms. Ayala was “responsible for operating” Action. Action’s sewer pumping trucks pumped contents of residential and commercial…