Elliott

Elliott v. Hovrick CA2/7

Good Law
Court of Appeal of CaliforniaJune 10, 2014B248426California11,948 words

Opinion

Opinion

Woods, J.

INTRODUCTION

The plaintiff in this case filed a complaint against several law enforcement officers, alleging the officers had arrested him for a Vehicle Code violation without probable cause in violation of his civil rights. (42 U.S.C § 1983.) Finding no triable issue of material fact regarding whether there was probable cause for the arrest, the trial court granted the officers’ motion for summary judgment. The plaintiff appeals from the judgment subsequently entered, arguing (1) even assuming he was the driver involved in the police pursuit preceding his arrest, he did not violate the Vehicle Code provision with which he was charged, and (2) the trial court should have exercised its discretion to deny the motion because he challenged the arresting officer’s credibility as sole witness to a material fact and as a party testifying to his own state of mind. (Code Civ. Proc., § 437c, subd. (e).) Because it is undisputed that the arresting officer had probable cause for the arrest (among other reasons), we affirm.

FACTUAL AND PROCEDURAL SUMMARY

In August 2011, William Elliott filed a complaint “for civil rights violation” against several “sheriff deputies of the County of Los…

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