Whitall

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 RAYMOND RICHARD WHITALL, Case No. 18-cv-01376-CRB

Plaintiff,

ORDER GRANTING MOTION TO

v.

VACATE

S.D. GUTIERREZ, et al., Defendants.

Plaintiff Raymond Richard Whitall moves this Court to vacate its November 5, 2019 order granting partial summary judgment to the Defendants. Mot. (dkt. 104). In that order, the Court held that Whitall could not pursue state claims on the basis of a February 28, 2017 incident of alleged prison excessive force (“Event I”) because Whitall had not complied with the Government Claims Act (“GCA”). See Summary Judgment Order (dkt. 50) at 2. Recently, the State of California discovered it had made a mistake: Whitall had in fact complied with the GCA as he had always claimed. Thus, the parties agree that the state claims that were viable prior to the summary judgment order should be reinstated. See Mot.; Opp. (dkt. 105); Reply (dkt. 111). The question is which claims were viable at that time. On July 30,…