Gonzales v. City Of San Jose

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

9 GABRIEL GONZALES, Case No. 19-cv-08195-NC 10 Plaintiff,

ORDER GRANTING

11 v. DEFENDANTS’ MOTION TO DISMISS; GRANTING LEAVE TO CITY OF SAN JOSE and DAVID AMEND LEZAMA, Re: Dkt. No. 26 Defendants.

Before the Court is defendants the City of San Jose and San Jose Police Department Officer David Lezama’s motion to dismiss plaintiff Gabriel Gonzales’s first amended complaint. See Dkt. No. 26. This case arises out of SJPD’s arrest of Gonzales when Gonzales was on his bicycle, where Officer Lezama struck Gonzales with his patrol vehicle as Gonzales biked on the sidewalk. See Dkt. No. 23. The Court finds that the complaint fails to state sufficient facts to allege (1) that Officer Lezama used excessive force; (2) the City’s Monell liability; (3) violation of the Bane Act; or (4) intentional infliction of emotional distress. Additionally, because Gonzales failed to comply with the Government Claims…