I.A.

I. Background

24 The facts of this case are known to the parties, and recounted 25 only briefly here. On July 26, 2018, Redondo Beach Police Officer 26 Defendant John Anderson responded to a “man with a gun” radio call 27 28 1 The court has granted Plaintiff’s unopposed ex parte and encountered Sergio Acosta. According to Anderson, Acosta was carrying a gun tucked into his armpit, and thrice ignored Anderson’s commands to drop the gun before moving his hand toward the gun, at which point Anderson shot and killed Acosta. Other witness accounts differed. At least four witnesses stated that they never heard Anderson give any commands. In addition, eyewitness Ginger Mungarro told police that “the cops rolled up in an unmarked car, and [Acosta] got shot. . . . I didn’t think they would shoot that fast. . . . [H]e said all right, all right.” (Dkt. 74-2, Ex. F at 9.) When asked what Acosta did prior to being shot, Mungarro stated, “He went like this with his hands up,” with the gun in hand. (Id. at 10.) Mungarro further stated, “they didn’t tell him to drop it or anything.” (Id.) Plaintiffs brought the instant suit,…