Joshua Gonzalez v. City of Huntington Beach

I. Background

5 A. Facts1 6 In late 2016, Plaintiff Joshua Gonzalez lived in Sunset Beach, with his friend Shannon 7 Cofell. Declaration of Plaintiff Joshua Gonzalez (“Plaintiff Decl.”) (Dkt. 55-2) ¶ 2; Deposition 8 of Joshua Gonzalez (“Plaintiff Depo.”) (Dkt. 46-1), Ex. F at 18:22–19:9. Cofell’s home is next to the residence of James York, Plaintiff’s boyfriend, as well as Michael Scatufo’s house. Plaintiff Decl. ¶ 66, Ex. A; Plaintiff Depo. at 32:5–33:9. Plaintiff normally stayed with Cofell in exchange for money and work around the house. Deposition of Shannon Cofell (“Cofell Depo.”) (Dkt. 55-1), Ex. C at 13:13–24, 28:4–25. However, on weekends when Cofell had her children at her home, Plaintiff would stay with his boyfriend, York. Plaintiff Depo. at 18:22– 19:9. On November 1, 2016, the Huntington Beach Police Department (“HBPD”) received a 911 call from Michael Scafuto (“Scafuto”), reporting that someone had trespassed on his 15 backyard. Dispatch Report (Dkt. 46-1), Ex. A at 11; Plaintiff’s Statement of Genuine Material 16 Facts in Dispute (“SDF”) (Dkt. 55-3) ¶ 1. Officers Jackson and Gonzales (collectively “the 17 Officers”) were then…