Gonzales v. City Of San Jose
Opinion
trial_court Opinion
1 2 3 4 5 UNITED STATES DISTRICT COURT 6 NORTHERN DISTRICT OF CALIFORNIA 7
8
9 GABRIEL GONZALES, Case No. 19-cv-08195-NC 10 Plaintiff,
ORDER GRANTING
11 v. DEFENDANTS’ MOTION TO 12 DISMISS; GRANTING LEAVE TO CITY OF SAN JOSE and DAVID AMEND 13 LEZAMA, Re: Dkt. No. 26 14 Defendants. 15
16 Before the Court is defendants the City of San Jose and San Jose Police Department 17 Officer David Lezama’s motion to dismiss plaintiff Gabriel Gonzales’s first amended 18 complaint. See Dkt. No. 26. This case arises out of SJPD’s arrest of Gonzales when 19 Gonzales was on his bicycle, where Officer Lezama struck Gonzales with his patrol 20 vehicle as Gonzales biked on the sidewalk. See Dkt. No. 23. 21 The Court finds that the complaint fails to state sufficient facts to allege (1) that 22 Officer Lezama used excessive force; (2) the City’s Monell liability; (3) violation of the 23 Bane Act; or (4) intentional infliction of emotional distress. Additionally, because 24 Gonzales failed to comply with the Government Claims…