Trujillo-Lopez

BACKGROUND

25 Plaintiff Luis Trujillo-Lopez (“Trujillo-Lopez” or “Plaintiff”) brings this action against the 26 Defendants as a result of an incident between Officer DeMarco and Trujillo-Lopez in which 27 On October 28, 2018, Trujillo-Lopez and his friend, Kenny Santiago (“Santiago”) were shopping together when they were informed that Vallejo PD was towing Santiago’s van, which was parked in front of Trujillo-Lopez’s apartment complex on El Camino Drive in Vallejo, California. (Complaint, ¶¶ 11-12.) Trujillo-Lopez and Santiago made their way to the van so that Santiago could retrieve his belongings before the van was towed. (Id., ¶ 12.) Officer DeMarco was the only officer on the scene. (Id., ¶ 13.) Trujillo-Lopez alleges that Officer DeMarco became belligerent with him, urging Trujillo- Lopez to fight DeMarco, a request that Trujillo-Lopez claims he refused. (Id., ¶ 14.) Plaintiff also alleges that DeMarco then told Santiago that he had five minutes to retrieve his belongings from the car before the van would be towed. (Id., ¶ 16.) Before the five minutes were up, Plaintiff alleges that the tow truck driver…