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 IN PART AND

11 v. DENYING IN PART DEFENDANTS’ MOTION TO DISMISS; CITY OF SAN JOSE and DAVID DISMISSING THE CITY OF SAN LEZAMA, JOSE FROM THE CASE Defendants. Re: Dkt. No. 43

This case arises out of the San Jose Police Department’s arrest of Gabriel Gonzales when Gonzales was on his bicycle, where Officer David Lezama allegedly struck Gonzales with his patrol vehicle head-on as Gonzales biked on the sidewalk. Defendants the City of San Jose and San Jose Police Department Officer David Lezama move to dismiss both claims in plaintiff Gabriel Gonzales’s second amended complaint. Dkt. No. 43. The Court previously granted the defendants’ motion to dismiss the first amended complaint, granting Gonzales leave to amend. Dkt. No. 40. The Court finds that Gonzales sufficiently amended his claim for…