Jose Magana v. City of Los Angeles

I. INTRODUCTION AND BACKGROUND

On April 30, 2019, plaintiff Jose Magana, individually and as successor in interest to Omar Magana, filed suit against defendants the City of Los Angeles (“City”) and Does 1 through 10. Dkt. 1 (“Compl.”). On January 15, 2020, plaintiff filed the operative Second Amended Complaint adding defendant Officer Mario Morales of the Los Angeles Police Department (“LAPD”). Dkt. 34 (“SAC”). The SAC alleges claims for: (1) excessive force in violation of the Fourth Amendment, pursuant to 42 U.S.C. § 1983 (“Section 1983”) (claim one); (2) interference with familial relations in violation of the Fourteenth Amendment, pursuant to Section 1983 (claim two): (3) municipal liability (ratification), pursuant to Section 1983 (claim three); (4) municipal liability (failure to train), pursuant to Section 1983 (clatm four); (5) municipal liability (unconstitutional custom or practice), pursuant to Section 1983 (claim five): (6) battery (survival/wrongful death) (claim six); (7) negligence (survival/wrongful death) (claim seven); and (8) violation of Cal. Civ. Code § 52.1 (claim eight). Id. ] 15—78. Claims three, four and five are alleged…