D.V.
D.V. v. City of Sunnyvale
Opinion
Lead Opinion
Whyte, J.
[Re: Docket No. 11]
ORDER GRANTING IN PART AND DENYING IN PART MOTION TO DISMISS
Defendant City of Sunnyvale (“Sunnyvale”) moves to dismiss the complaint. Dkt. No. 11 (“Mot.”). Pursuant to Civil Local Rule 7 — 1(b), the court finds this matter suitable for decision without oral argument and therefore vacates the August 22, 2014 hearing. For the reasons explained below, the court GRANTS IN PART and DENIES IN PART Sunnyvale’s motion to dismiss.
I. BACKGROUND
This civil rights case arises out of an incident occurring in the parking lot of a *784 Sunnyvale Hobee’s restaurant on September 4, 2013. Dkt. No. 1 (“Complaint”) ¶ 13. The complaint alleges that several undercover police officers from a task force including officers from ■ Sunnyvale, the City of Santa Clara, and the County of Santa Clara approached Juan Carlos Rue-las’ truck. Id. ¶ 14. Ruelas was unarmed, and, according to the complaint, “was not acting in a threatening manner,” yet at some point during the encounter the police officers fired their guns at Ruelas. Id. ¶ 15. Officers then allegedly ordered Rue-las to get out of his truck, even though Ruelas had allegedly been hit by the officers’ gunfire. Id. The complaint…