Motion: Defendants’ Motion for Summary Judgment, or in the
Alternative Summary Adjudication
Tentative Ruling:
To deny defendants’ motion for summary judgment, and the alternative motion for summary adjudication. (Code Civ. Proc. § 437c.)
Explanation:
First, the defendants have already moved for summary adjudication of the same claims while the case was remanded to federal District Court, and the federal court denied the motion as to the state law claims. (See Defendants’ Exhibit U, Order of United States District Court for the Eastern District of California dated August 30, 2017.) In its order, the District Court expressly found that there were triable issues of material fact with regard to the state law wrongful death cause of action, and thus denied summary adjudication of that claim. (Order, pp. 21:19 - 22:23.) The District Court relied on the same facts that it had earlier cited to support its denial of the summary judgment motion with regard to the Fourth Amendment claim. (Ibid.)