Montelongo

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 JESSE MONTELONGO, et al., No. 1:15-cv-01605-TLN-BAM Plaintiffs, v. ORDER CITY OF MODESTO, et al., Defendants. 16 This matter is before the Court on Defendants City of Modesto (“City”) and Officer Dave Wallace’s (collectively, “Defendants”) Motion for Summary Judgment. (ECF No. 86.) Plaintiffs Jesse Montelongo, Victoria Montelongo, Theresa Lozano, J.M., E.M., Ale. M., Ali. M., Ala. M. (collectively, “Plaintiffs”) filed an opposition. (ECF No. 89.) Defendants filed a reply. (ECF No. 94.) For the reasons set forth below, the Court GRANTS in part and DENIES in part Defendants’ motion. /// /// /// /// /// /// I. FACTUAL AND PROCEDURAL BACKGROUND Close to midnight on October 16, 2014, Teresa Lozano called 911 from her home at 528 Milo Road in Modesto, California. (ECF No. 90 at 2.) Ms. Lozano told the 911 dispatcher: “I need help please — hurry! . . . Help me! Just hurry. Please help me . . . My…