Villalobos

Filed 10/31/22; Certified for Publication 11/16/22 (order attached)

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

JAVIER GARCIA 2d Civil No. B318061 VILLALOBOS, (Super. Ct. No. 20CV01151) (Santa Barbara County) Plaintiff and Appellant,

v.

CITY OF SANTA MARIA et al.,

Defendants and Respondents.

This case arises out of a police shooting that resulted in the death of Javier Garcia Gaona, Jr. (decedent). Decedent’s parents filed a complaint against police officers involved in the shooting (the officers) and their employer, the City of Santa Maria (City). The officers and City are collectively referred to as “respondents.” The complaint consists of four causes of action: (1) battery; (2) negligence – wrongful death; (3) negligent hiring, supervision, and training; and (4) violation of the Bane Act (Civ. Code, § 52.1). Decedent’s father appeals from the judgment entered after the trial court granted respondents’ motion for summary judgment. We affirm because no reasonable trier of fact could find that respondents were negligent or that their conduct was not…