Ochoa

I. BACKGROUND

1 Officer Mosunic is a police officer with the San Jose Police Department (“SJPD”). See 2 Declaration of Officer Eric Mosunic (“Mosunic Decl.”), ECF No. 39-1 ¶ 1. He has been employed 3 by the SJPD since 2006. See Merin Decl., ECF No. 37-1, Ex. A (“Meeker Report”) at 24:10–12. 4 On June 2, 2020, Officer Mosunic was on duty assisting with crowd and traffic control for protests 5 in downtown San Jose near City Hall. See Mosunic Decl. ¶ 2. Officer Mosunic was assigned to the 6 SJPD Motor Unit, so he was riding a 2007 Honda ST1300 police motorcycle equipped with red and 7 blue lights and a siren. See id. ¶ 3; Meeker Report at 24:34–36. 8 Around 9:30 PM, Officer Mosunic was located in a parking lot around Santa Clara Street 9 near San Jose City Hall. See Meeker Report at 30:11–16; Mosunic Decl. ¶ 4. Officer Mosunic 10 received information from a SJPD police helicopter that there was “sideshow activity” in front of 11 City Hall involving a silver Audi. See Mosunic Decl. ¶ 4; Meeker Report at 30:22–29. Less than 12 five minutes later, a silver Audi driven by Plaintiff passed them heading north on North 6th Street. 13 See Mosunic Decl. ¶¶ 4–5; Meeker Report at…