Olvera
Olvera v. City of Modesto
Opinion
Lead Opinion
Ishii, J.
ORDER RE MOTION FOR SUMMARY JUDGMENT
I. BACKGROUND
On January 11, 2011, Plaintiff Armando Olvera, filed a complaint in state court against seven named defendants; Modesto Police Department officers Bradley Beavers, Brian Keiber, Randy Raduechel, Sgt. Timothy Helton, the Modesto Police Department, the City of Modesto (“the City”), and Mark Ulrich (“Ulrich”). Plaintiff brought ten claims; two claims under Title 42 U.S.C. section 1983 for constitutional violations; a claim under Article 1, section 13 of the California Constitution; a claim under section 52.1 of the California Civil Code; claims for battery, assault with a deadly weapon, assault, and false arrest; and a claim under California Civil Code Section 3342 for liability for dog bite damages; and a claim for negligence.
*1166 On March 31, 2011, the case was removed to the Eastern District of California, Fresno Division. Discovery ensued.
On January 25, 2013, Plaintiffs claims against defendants Bradley Beavers, Brian Keiber, Randy Raduechel and Sgt. Timothy Helton were dismissed by stipulation. Plaintiffs cause of action under Title 42 U.S.C. section 1983 against City of Modesto was dismissed. Plaintiffs cause of action…