Bates v. City Of San Jose

I. BACKGROUND

1 Since 2006, Plaintiff has filed four lawsuits—including this one—arising from conduct 2 that is alleged to have occurred after he retired from the San Jose Police Department in 2004. 3 A. Bates I 4 Plaintiff first filed a small claims lawsuit against the City on November 10, 2005 in the 5 Santa Clara County Superior Court. See Frederick Bates v. City of San Jose, No. 2005-4-SC- 6 015768 (Cal. Super. Ct. Santa Clara Cty.) (“Bates I”). In that suit, Plaintiff sought to recover from 7 the City a $1,500 retainer that he paid his attorney to help him secure his concealed carry permit 8 through the process underlying the claims in his federal lawsuits. The state court entered 9 judgment in favor of the City on January 30, 2006. 10 B. Bates II 11 On August 29, 2006, Plaintiff filed his first federal court lawsuit. Frederick Bates v. City 12 of San Jose, Robert Davis, Adonna Amoroso, & Tuck Younis, No. 5:06-cv-5302-RMW (N.D. Cal. 13 filed Aug. 29, 2006) (“Bates II”). In that complaint, he alleged that upon his retirement from the 14 police department in April 2004, he received a retirement identification card that was not stamped 15 with an endorsement allowing…