Tovar, Sr. v. City of San Jose

1 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 5 DAVID TOVAR, SR., et al., Case No. 5:21-cv-02497-EJD

Plaintiffs, ORDER GRANTING DEFENDANT

CITY OF SAN JOSE’S PARTIAL

v. MOTION TO DISMISS

CITY OF SAN JOSE, et al., Re: Dkt. No. 19 Defendants.

On the morning of January 21, 2020, David Tovar Jr. was shot and killed by several San Jose Police Officers (“the Police Officers”). Plaintiffs David Tovar, Sr., and minors D.T.M. and J.M. bring claims against the Police Officers and the City of San Jose (“the City”) for the loss of their relative, David Tovar Jr. (“the Decedent”). The City moves to dismiss Plaintiffs’ claim that the City is liable for the shooting. Defendant City of San Jose’s Partial Motion to Dismiss Complaint (“Mot.”), Dkt. No. 19. Plaintiffs filed an opposition to the motion, and the City filed a reply. Plaintiffs’ Opposition to Defendant’s Motion to Dismiss (“Opp.”), Dkt. No. 24; Defendant City of San Jose’s Reply in Support of…