Kyle Zoellner v. Eric Losey

Good Law
United States District Court, Northern District of CaliforniaSeptember 16, 20223:18-cv-04471California4,771 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 KYLE CHRISTOPHER ZOELLNER, Case No. 18-cv-04471-JSC

Plaintiff,

ORDER FOLLOWING PRETRIAL

v. CONFERENCE

CITY OF ARCATA, et al., Re: Dkt. Nos. 246, 247, 248, 249, 250, 257, Defendants. 258, 259, 260, 261

12 Following the pretrial conference on September 15, 2022, the Court finalizes its tentative rulings on the parties’ motions in limine, (see Dkt. No. 299), and resolves other pretrial matters explained below. I. PLAINTIFF’S MOTIONS IN LIMINE A. No. 2 (Dkt. No. 247) DENIED. Detective Losey is not precluded from challenging the state court judge’s determination of no probable cause following the preliminary hearing. Whether issue preclusion bars Detective Losey from challenging the probable cause element of the malicious prosecution claim is a matter of California law. See Wige v. City of Los Angeles, 713 F.3d 1183, 1185 (9th Cir. 2013) (explaining that courts apply state law to determine 23…

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