Pine
Pine v. City Of Oakland
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 RICHARD PINE, Case No. 19-cv-02136-AGT
Plaintiff,
ORDER DENYING DEFENDANTS’
v. MOTION TO DISMISS THE THIRD
AMENDED COMPLAINT
CITY OF OAKLAND, et al., Re: ECF No. 55 Defendants.
12 This case arises from a November 8, 2018 pedestrian-auto accident that resulted in Plaintiff Richard Pine’s arrest and six-day detention for felony assault and the subsequent loss of his vehicle. Following dismissal of the criminal assault charge against him, Pine brought the underlying action against the City of Oakland and individual police officers, alleging violation of his constitutional rights under 42 U.S.C. § 1983 and state tort claims. Defendants have successfully moved for dismissal twice—against Pine’s original and second amended complaints. Pine subsequently filed the operative Third Amended Complaint (“TAC”) and now the City of Oakland and Oakland police officers Marcos Gocobachi, Lesa Leonis, and Jose Vazquez (collectively, “Defendants”)…