The Estate of Demetrius Stanley v. City of San Jose

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 SAN JOSE DIVISION 7 8 THE ESTATE OF DEMETRIUS Case No. 22-cv-03000-VKD STANLEY, et al., 9 Plaintiffs, PRETRIAL ORDER NO. 1 10 v. 11 CITY OF SAN JOSE, et al., 12 Defendants.

13 14 The Court held a final pretrial conference on January 17, 2024, and now orders as follows: 15 1. Issues to Be Decided at Trial 16 The issues that remain for trial are (1) whether defendant Officer Anthony Baza’s use of 17 deadly force constitutes negligence/wrongful death; (2) whether Officer Baza’s use of deadly force 18 constitutes battery; and (3) what amount of damages should be awarded to plaintiffs for any of the 19 above-listed violations that are established.1 Below, the Court addresses several matters discussed 20 at the pretrial conference. 21 First, defendants contend that the fifth claim for relief for negligence/wrongful death is 22 asserted only on behalf of Mr. Stanley’s estate, and not by Ms. Lebreton individually, because that 23 claim is titled as one by “Plaintiff Estate of…