Estate of Cesar Rodriguez v. City of Long Beach

I. INTRODUCTION

Plaintiffs representing the estate of decedent Cesar Rodriguez (“plaintiffs” or “the Estate”) filed this action following conduct by defendant Officer Martin Ron (“Officer Ron’) of the defendant City of Long Beach police department (“the City”) that led to Rodriguez’s death on August 29, 2017. Plaintiffs filed a complaint to initiate this action on August 28, 2018. Dkt. 1 (“Compl.”). The complaint alleges four claims for relief: (1) a claim pursuant to 42 U.S.C. § 1983 against Officer Ron for violation of Rodriguez’s civil rights based on the alleged use of excessive force that caused Rodriguez’s death; (2) a claim pursuant to 42 U.S.C. § 1983 against the City for violation of Rodriguez’s civil rights based on the City’s alleged failure to adequately train the City’s officers; (3) a state law claim for assault and battery against both Officer Ron and the City based on the same conduct: and (4) a state law claim for wrongful death against both Officer Ron and the City, also based on the same conduct. Compl. §] 28-57. Defendants filed their answer on January 2, 2019. See Dkt. 11. On February 14, 2020, defendants filed the present…