KERKELES v. CITY OF SAN JOSE

No. H035333.

199 Cal.App.4th 1001 (2011)

MICHAEL KERKELES, Plaintiff and Appellant, v. CITY OF SAN JOSE et al., Defendants and Respondents.

Court of Appeals of California, Sixth District.

October 4, 2011.


Attorney(s) appearing for the Case

Corsiglia McMahon & Allard, Timothy D. McMahon , Jeffry W. Lochner ; Walkup, Melodia, Kelly & Schoenberger and Matthew D. Davis , for Plaintiff and Appellant.

Richard Doyle , City Attorney, Nora Frimann , Assistant City Attorney, and Clifford S. Greenberg , Deputy City Attorney, for Defendants and Respondents.


OPINION

ELIA, J.

Plaintiff Michael Kerkeles appeals from a judgment following the superior court's order granting summary adjudication in favor of the City of San Jose (City) and one of its police officers, Matthew Christian. Plaintiff contends that triable issues of material fact defeat defendants' motion. We agree and accordingly must reverse the judgment.

Background

On March 15, 2005, a woman called the San...

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