Rosenbaum

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

SAN JOSE DIVISION

ZACHARY ROSENBAUM, Case No. 20-CV-04777-LHK

Plaintiff,

ORDER GRANTING MOTION TO

DISMISS WITH LEAVE TO AMEND

v. Re: Dkt. No. 30 CITY OF SAN JOSE, et al. Defendants. 17 Plaintiff Zachary Rosenbaum (“Plaintiff”) sues the City of San Jose (“the City”), Officer 18 Ryan Ferguson, Sergeant Hatzenbuhler, Sergeant Gutierrez, Officer Dunn, Officer Anderson, 19 Officer Tapia, Officer Vallejo, Officer Ochoa, and individuals whose identities are unknown to 20 Plaintiffs (collectively, “Defendants”) for (1) violation of the Fourth Amendment under 42 U.S.C. 21 § 1983; (2) battery; (3) violation of the Bane Act; and (4) negligence. Before the Court is 22 Defendants’ motion to dismiss Plaintiff’s Second Amended Complaint. ECF No. 30.1 Having 23 considered the parties’ submissions, the relevant law, and the record in this case, the Court 24

1 Defendants’ motion contains a notice of motion paginated separately from the memorandum of points and authorities in support of the motion.…