Thomas

ORDER GRANTING MOTION FOR SUMMARY JUDGMENT ON CIVIL CODE § 52.1 CAUSE OF ACTION [Doc. No. 65] AND DENYING DEFENDANT’S MOTION TO DISMISS [Doc. No. 68]

On June 2, 2016, Plaintiff filed a motion for summary judgment on the Civil Code § 52.1 cause of action. [Doc. No. 65]. On June 23, 2016, Defendant filed a motion to dismiss Plaintiffs state law claims. [Doc. No. 68.] Both motions have been fully briefed. [Doc. Nos. 69, 72, 73 and 74.] On July 28, 2016, a hearing was held with regard to both motions. [Doc. No. 76.] Eugene G. Iredale, Esq. and Mervyn Lazarus, Esq. appeared on behalf of Plaintiff. Randall L. Winet, Esq. appeared on behalf of Defendant. For the reasons stated at the hearing and as set forth below, Plaintiffs motion for sumipary judgment on the Civil Code § 52.1 cause of action is GRANTED, and Defendant’s motion to dismiss Plaintiffs state law claims is DENIED.

I. PROCEDURAL HISTORY

This case arises out of a tasing incident that occurred on September 21, 2010. In response to a call, Defendant, Officer *941 Christopher Dillard, tased Plaintiff, Cor-rell L. Thomas, at the Palomar Community College, Escondido campus. Defendant filed a motion for summary judgment based on…