TAMERIN LEWIS, Plaintiff, vs. city of los angeles, et al. Defendants.

Case No.: BC 645185

Hearing Date: March 6, 2020

Hearing Time: 8:30 a.m.

[TENTATIVE] ORDER RE:

DEFENDANT CHARLES KUMLANDER’S MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, FOR SUMMARY ADJUDICATION OF ISSUES

Background

Plaintiff Keysonna Yvette Bursey, by and through her guardian ad litem, Tamerin Lewis (“Plaintiff”) initiated this wrongful death action on December 30, 2016 against Defendants City of Los Angeles (the “City”), Los Angeles Police Department (the “LAPD”), and Officer Charles Kumlander (“Kumlander”). The operative Second Amended Complaint (“SAC”), filed on May 9, 2019, asserts causes of action for wrongful death (assault and battery), wrongful death (negligence), violation of the Ralph Civil Rights Act (Civil Code section 51.7), and violation of the Banes Civil Rights Act (Civil Code section 52.3).

Plaintiff alleges that while decedent Keith Myron Bursey was a passenger in a parked vehicle, Ku