Oster
Oster v. City of Capitola
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 ANTHONY HARRISON OSTER, Case No. 21-cv-03562-SI
Plaintiff, ORDER GRANTING DEFENDANTS' v. MOTION TO DISMISS
CITY OF CAPITOLA, et al., Re: Dkt. No. 10 Defendants.
12 On July 9, 2021, defendants City of Capitola, Police Chief Terry McManus, and officers Samuel Estrada, Alberto Gonzalez, and Steven Anderson (collectively “defendants”) moved to dismiss Anthony Oster’s complaint. Dkt. No. 10. The Court previously determined the motion was appropriate for determination without oral argument, in accordance with Local Rule 7-1(b). For the reasons set forth below, the motion is GRANTED. The amended complaint shall be filed on or before September 17, 2021. 19 BACKGROUND I. Allegations re the May 9, 2020 Incident Mr. Oster’s complaint arises from a May 9, 2020 incident with the Capitola police. Dkt. No. 2 at 15. Mr. Oster alleges he was riding his bicycle in the bike lane going eastbound…