Tovar, Sr. v. City of San Jose
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 7 DAVID TOVAR, SR., et al., Case No. 5:21-cv-02497-EJD
Plaintiffs, ORDER GRANTING LEAVE TO FILE
AMENDED ANSWERS
v.
CITY OF SAN JOSE, et al., Re: ECF No. 65 Defendants.
Defendants Mauricio Jimenez, Topui Fonua, Alvaro Lopez, James Soh, and Hans Jorgensen (“Officer Defendants”) move for leave to amend their answers to include additional affirmative defenses. ECF No. 65 (“Mot.”). Plaintiffs oppose the Motion to the extent the Officer Defendants seek to assert additional affirmative defenses they had not previously asserted in responding to the Second Amended Complaint (“SAC”). The Court heard the parties’ oral arguments on July 20, 2023. Based on the parties’ submissions and arguments, the Court GRANTS Officer Defendants’ Motion for Leave to File Amended Answers. I. PROCEDURAL HISTORY On April 7, 2021, Plaintiffs filed the original Complaint against the City of San Jose (“City …