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BENAVIDEZ v. SAN JOSE POLICE DEPT.

No. H017187.

84 Cal.Rptr.2d 157 (1999)

71 Cal.App.4th 853

Adela BENAVIDEZ et al., Plaintiffs and Appellants, v. SAN JOSE POLICE DEPARTMENT et al., Defendants and Respondents.

Court of Appeals of California, Sixth District.

As Modified on Denial of Rehearing May 25, 1999.

Review Denied July 21, 1999.

Attorney(s) appearing for the Case

E. Elizabeth Summers, Bien & Summers, Law Offices of Sandra J. Springs, Sandra J. Springs, Oakland, for Plaintiffs and Appellants Adela and Joseph Benavidez.

Joan R. Gallo, City Attorney, Ralph C. Greene, Chief Trial Attorney, Steven J. Levine, Deputy City Attorney, for Defendants and Respondents City of San Jose, San Jose Police Dept., Chief of Police Louis Cobarruiviaz, and Michael Lloyd.

COTTLE, P.J.

After Adela Benavidez was attacked three separate times by her live-in boyfriend within one 24-hour period, she sued the City of San Jose (City), the San Jose Police Department (Police), Chief of Police Louis Cobarruviaz, and Police Officer Michael Lloyd for negligence, intentional infliction of emotional distress, negligent infliction of emotional distress, negligence per se, and violation of 42 United States Code, section 1983 for failing to take adequate...

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