Haddad
Haddad v. State of Cal.
Opinion
Opinion
Timlin, J.
PROCEEDINGS: ORDER (1) GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION TO DISMISS; (2) ORDERING THE THIRD AMENDED COMPLAINT BE FILED FORTHWITH; AND (3) ORDERING DEFENDANT SCOTT E. WALL TO FILE AN ANSWER TO THE THIRD AMENDED COMPLAINT WITHIN 23 DAYS OF THE DATE OF THIS ORDER.
The Court has read and considered Defendants State of California and Scott E. Wall’s (“Wall”) (collectively, “Defendants”) motion to dismiss, Plaintiff Joseph Had-dad’s (“Haddad”) opposition, and Defendants’ reply papers. Based on such consideration, the Court concludes as follows:
I.
BACKGROUND
On May 14, 1997, Plaintiff Haddad received a traffic citation from California Department of Highway Patrol Officer (and Defendant) Wall for failure to stop at the direction of a traffic sign. At the trial for this infraction, held on June 30, 1997 in the Long Beach Municipal Court, Wall testified that Plaintiff admitted to him that he had “run” the stop sign. He also testified that he staked out the area of the alleged violation at the request of the principal of Hills Middle School. Both statements were false. Haddad testified at the trial but was convicted. Wall did not inform the court or Haddad that he…