Pitts

I. Factual and Procedural Background

25 The factual background of this case is described in 26 detail in the court’s June 14, 2022 Order (Docket No. 20), which 27 granted defendants’ motion to dismiss plaintiff’s claims for 28 deliberate fabrication of evidence and malicious prosecution. (Docket No. 9.) In short, plaintiff was stopped by defendants, California Highway Patrol officers, while driving home from a bar. (First Am. Compl. (“FAC”) ¶¶ 9-12 (Docket No. 21).) Plaintiff alleges that upon informing defendant Baumgartner that he would not answer his questions and that defendants could contact plaintiff’s lawyer, defendants told plaintiff he was under arrest and used excessive force on him. (Id. ¶¶ 16-20.) Subsequently, plaintiff was charged with driving under the influence, attempting to take an officer’s firearm in violation of California Penal Code section 148(d), and resisting or preventing an officer from performing his duties in violation of California Penal Code section 69. (Id. ¶ 21.) Plaintiff alleges that defendant Langford submitted a false police report in which it was stated that plaintiff grabbed…