Torres

I. Background1

19 On September 26, 2012, following a jury trial, Plaintiff was convicted of one count 20 of Trying to Prevent or Deter an Executive Officer from Performing a Lawful Duty by 21 Violence or Threat of Violence in violation of California Penal Code section 69 and two 22 counts of Assault by Means of Force Likely to Produce Great Bodily Injury in violation of 23 California Penal Code section 245(a)(1). [Doc. No. 20–3 at 6, 8, 10.] Plaintiff’s conviction

25 1 Defendant Officers’ request for judicial notice is proper, and Plaintiff has not filed an opposition. [Doc. No. 20-3.] As such, this Court takes judicial notice of the public record documents relating to Plaintiff’s 2012 conviction. [Id.] See Lee v. City of L.A., 250 F.3d 668, 689 (9th Cir. 2001) (“A court may take judicial notice of ‘matters of public record’ without converting a motion to dismiss into a motion for summary 28 followed from his arrest after a physical altercation with San Diego Police Officers Donald Meeks and Frances Minton (together, the “Defendant Officers”) on December 15, 2011. [Doc. No. 1. at 2, 8.] On December 14, 2012, Plaintiff was sentenced to a term of nine 4 …