Frances Gallardo v. County of San Luis Obispo

1 2 O 3 4 5 6 7 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 10 FRANCES GALLARDO, ) Case No. CV 18-09835 DDP (AFMx) ) Plaintiff, ) ) v. ) ORDER GRANTING DEFENDANTS’ MOTION ) FOR SUMMARY JUDGMENT COUNTY OF SAN LUIS OBISPO, )

ET AL., )

) [Dkt. 29] Defendants. ) 16 17 On January 9, 2017, San Luis Obispo (SLO) County Senior Deputy Sheriff Gregory Roach responded to a trespassing call involving Decedent Josue Gallardo (“Gallardo”), who was reported to be driving a gray Cadillac sedan. (Declaration of Gregory Roach ¶¶ 16, 18.) Although Gallardo had left the scene by the time Roach arrived, Roach did encounter a gray Cadillac sedan nearby, and determined that the car was registered as a rental. (Id. ¶ 23.) Roach also learned that Gallardo had an outstanding arrest warrant for a misdemeanor domestic battery charge, was violating a restraining order, was currently on probation for domestic battery, and had consented to search as a condition…