Emmons
Emmons v. City of Escondido
Opinion
Lead Opinion
Honmiller, J.
ORDER GRANTING MOTION FOR SUMMARY JUDGMENT IN FAVOR OF DEFENDANTS. AND AGAINST PLAINTIFFS
Plaintiffs Marty Emmons (“Mr. Em-mons”) and his daughter Maggie Emmons (“Ms. Emmons”) move for summary judgment on their First, Second, and Third causes of action asserted in the First Amended Complaint (“FAC”). Defendants City of Escondido, Craig Carter, Kevin Toth, Robert Craig, Huy Quach, Jake Houchin and Joseph Leffinwell oppose the motion and separately move for summary judgment on the same claims. Pursuant to Local 'Rule 7.1(d)(1), the court finds the matters presented appropriate for decision without oral argument. For the reasons set forth below, the court grants summary judgment in favor of Defendants Craig Carter, Kevin Toth, Richard Craig, Huy Quach, Jake Houchin and Joseph Leffin- *1268 well, and against Plaintiffs, on the First, Second, and Third causes of action.
At the outset, the court notes that the evidentiary record contains video and audio recordings of the underlying incident at issue. While not a panacea, these recordings provide significant context and color to the events which occurred on May 27, 2013. The body-worn camera provides a technological aide to better…