Perez
Perez v. City of Escondido
Opinion
Opinion
Battaglia, J.
Order Granting Plaintiffs’ Petitions for Relief from Claim Requirement Pursuant to California Tort Claims Act (Cal. Gov.Code § 946.6) [Doc. Nos. 3 and 4]
In two separate applications Plaintiff Estela Perez, on her own behalf and on behalf of her minor children Javier and Yesenia Perez, petitions the Court under California Government Code § 946.6 for relief from the claim requirement pursuant to the California Tort Claims Act. Defendants have filed an opposition as to both petitions and Plaintiffs have filed separate reply briefs. A hearing was held before Magistrate Judge Battaglia on August 2, 2001. Leon Saad appeared for Plaintiff Estela Perez and Carl Lewis appeared for Plaintiffs Javier and Yesenia Perez. Mark Waggoner appeared on behalf of Defendants. For the reasons set forth herein, Defendants’ argument that this Court lacks subject matter jurisdiction over the pending petitions is rejected and the petitions are GRANTED.
Background
The complaint filed on March 8, 2001 alleges violation by Defendants of Plam-tiffs’ civil rights under 42 U.S.C. § 1983 . The complaint alleges that Escondido Police Officers White and Murphy shot Plaintiff Javier Perez on the evening of March…