Dominguez

I. BACKGROUND

1 On November 8, 2018, the Court set the last day to amend the pleadings for January 7, 2019. 2 See ECF No. 24. Following multiple stipulated extensions of the last day for Plaintiffs to file an 3 amended complaint, Plaintiffs filed their Second Amended Complaint on April 12, 2019. See 4 Second Amended Complaint (“SAC”), ECF No. 37. Plaintiffs asserted three claims against Officer 5 Pina, the City of San Jose, and the San Jose Police Department: (1) a Section 1983 claim based on 6 alleged violation of Mr. Dominguez’s Fourth Amendment rights; (2) a claim under the Bane Act, 7 California Civil Code § 52.1, based on excessive force against Mr. Dominguez; and (3) a claim 8 under the Ralph Act, California Civil Code § 51.7, for an act of violence motivated by racial bias. 9 See SAC, ECF No. 37 ¶¶ 16–39. The Second Amended Complaint contained the following 10 allegation:

As the direct and proximate result of the conduct of the Defendants, Plaintiffs have been deprived of the decedent’s care, comfort, society, protection, love, companionship, affection, solace, moral support, physical assistance in the operation and maintenance of…