Hopkins

I. Factual and Procedural Background

On a Friday evening in late August of 2003, Bruce Hopkins finished his shift at work and went to the local American Legion Hall in San Carlos, California, for a drink.2 After hav- ing a few beers he left to drive home. While en route, he was involved in a minor traffic incident with a car driven by Ms. Waheeda Talib. Both Talib and Hopkins agree that they each got out of their cars to inspect the vehicles for damage.3 According to Hopkins, the two agreed that there was no dam- age and he continued on his way home. According to later police reports of the incident, Talib claimed that after exiting his car Hopkins denied responsibility for the incident and sim- ply drove away.

Despite minor discrepancies in the details of the traffic 1 The denial of summary judgment with respect to the City of San Carlos is not before us. 2 Because this case comes to us on defendants’ motion for summary judgment, we take all facts in the light most favorable to Hopkins, the nonmoving party. 3 Talib did not testify in any depositions for this lawsuit nor did she sub- mit any affidavits or responses to interrogatories. Her statements are drawn from the various…