Kerkeles

Plaintiff Michael Kerkeles appeals from a judgment following the superior court’s order granting summary adjudication in favor of the City of San Jose (City) and one of its police officers, Matthew Christian. Plaintiff contends that triable issues of material fact defeat defendants’ motion. We agree and accordingly must reverse the judgment.

Background

On March 15, 2005, a woman called the San Jose police to report that her daughter, referred to on appeal as “Jane Doe,” had been raped by a neighbor the previous day. During an interview with Officer Matthew Kurrle, Jane answered questions that described the details of a sexual assault by plaintiff. Jane was developmentally delayed, however, so Officer Kurrle was unable to establish a “distinct time line or chain of events.” Jane was unwilling to undergo a SART (sexual assault response team) examination that day, but the next day she was cooperative. The examination revealed a small tear in the posterior fourchette of Jane’s vagina, as well as general redness in the area.

On March 21, 2005, Jane was interviewed again, this time by defendant Christian. She told him that she was 22 years old, but her mother informed…