...Complaint. Plaintiffs appear to move for reconsideration only with respect to two of their state-law claims: negligence and violation of the Bane Act..., California Civil Code § 52.1 (the “Bane Act”). The Court GRANTS Plaintiffs' motion for leave to file a motion for reconsideration of the Order granting the motion to dismiss ...' negligence and Bane Act claims. Plaintiffs shall file their motion for reconsideration by no later than December 27, 2027. Defendants shall file their opposition by no later than January 10, 2025...

...of qualified immunity. Reese further appeals the district court's post-verdict decision granting "summary judgment sua sponte " for the Defendants on the California Bane Act ("Bane Act") claim...immunity on Reese's Fourth Amendment claim. The district court then granted "summary judgment sua sponte ," finding that Defendants were entitled to judgment as a matter of law on Reese's Bane Act...summary judgment to Defendants on his claim under California Civil Code section 52.1, known as the Bane Act. Reese asserts that the district court properly rejected the Defendants...

.... C. The Court's Instruction on the Elements of the Bane Act Finally, the plaintiffs contend that the district court's instruction on the elements of their claim under the ...Act instruction. The language concerning “violent acts” and the plaintiffs' fear of violence closely tracks that of California's model....”). The plaintiffs cite two search-and-seizure cases in which, they argue, California courts held that a plaintiff can state a Bane Act claim without a showing of independent threats, coercion, or...

...839)—is a violation of the Bane Act. To the extent any language in the federal cases suggests otherwise, that language does not reflect California law. 2. The Denial of...matter of law, the evidence at trial did not establish a violation of the Bane Act. They further contend a new trial should have been granted because (1) the trial court erred in admitting evidence of.... SUMMARY The Bane Act (Civ. Code, § 52.1) authorizes a civil action “aga...

...violations of the Bane Act are based entirely on speech. See Hearns v. Gonzales, No. 1:14-cv-01177-DAD-MJS, 2016 WL 110437, at *1-2 (E.D. Cal. Jan. 11, 2016) ("[T]here is no requirement under ...threat of violence.") Otherwise, a plaintiff must allege only two things to state a cognizable Bane Act claim under California law: 1.... The magistrate judge concluded that plaintiff could not state a claim under the Bane Act, California Civil Code § 52.1, because none of plaintiff's...

...law) 3. Violation of the Fourteenth Amendment's Due Process Clause (42 U.S.C. § 1983) 4. Deliberate Indifference to Constitutional Rights (42 U.S.C. § 1983) 5. Deprivation of Liberty with.... § 1983) 18. Violation of the Bane Act (California law) 19. Intentional Infliction of Emotional Distress (California law) 20. Negligent Infli...). Plaintiff has not stated a claim under any of his federal or state law causes of action. As such, he cannot maintain a Bane Act claim as to those rights. See Wexler v. City of San...

...district court entered judgment in favor of appellees Flores, Nunez, Sanchez and Trinidad under the Bane Act, California Civil Code § 52.1, on their cruel and unusual punishment claims...Shoyoye , reasoning that Cornell ’s interpretation of the Bane Act was consistent with the statutory language and the California Supreme Court’s decisions. Id. at 1042–43. We therefore...in the Eighth Amendment excessive force violation. In advancing this argument, appellants misread § 52.1 and California case law. The most recent California Supreme Court case...

...section 820.6 bars liability for the Bane Act claim in this case. First, we reject plaintiffs' argument that section 820.6 is inapplicable to the Bane Act as a matter of law. Although...causes of action. In the first cause of action, plaintiffs alleged defendants' "enforcement of the prior notice restriction violated the California Bane Act," which provides that a person whose...Cal.Rptr. 196].) Thus, by saying the Bane Act applies to all persons whether or not acting under color of law, the Legislature intended to apply its provisions to private actors as well as public...

...). DISCUSSION I. THE BANE ACT CLAIMS A. The unconstitutionality of the seizures does not, as a matter of law, establis...addressing whether Sonoma County, as a public entity, is a "person" for purposes of the Bane Act. (Docket No. 303.) The Court need not reach this issue, however, because the Bane Act claims, whether alleged under a...seizures of Plaintiffs' vehicles were coercive under California Civil Code § 52.1 (the "Bane Act"), because the issue fell outside of the scope of the...

... ORDER DENYING IN PART AND DEFERRING IN PART DEFENDANTS' MOTION FOR JUDGMENT AS A MATTER OF LAW RE BANE ACT Re: Dkt. No. 215 Defendants move pursuant t..., 34 Cal. 4th at 447. Such is not the case here. In sum, Plaintiff is not barred from asserting claims under the Bane Act for failure to comply with § 911.2. Plaintiff's motion for judgment as a matter of ...Government Claims Act, California Government Code §§ 900 et seq., and because Dep. Rodriguez is entitled to immunity under California Government Code § 821.6. Motion for Judgment as a Matter of Law...

...rights. Plaintiff contends that the source of substantive liability pursuant to the Bane Act is California law. Plaintiff contends that California law provides that private...Defendants; (9) violation of the Bane Act (California Civil Code § 52.1) against all Defendants; and (10) violation of the FTCA for intentional infliction of...(California Civil Code § 52.1) Against All Defendants (claim 9) Defendant United States contends that the Court lacks subject matter jurisdiction over Plaintiff's ...

..., 807 F.3d 1178 (9th Cir. 2015), the Ninth Circuit cited both Allen and Shoyoye in support of its conclusion that under California law, "a plaintiff in a search-and-...constitutional violation is not sufficient to support a Bane Act claim, Lyall , 807 F.3d at 1195, this Court is not required to follow Lyall because a Ninth Ci...does allege that Plaintiff "was approached in an extremely belligerent manner" by City Officers Vasquez and Zamora immediately before the search and seizure, FAC ¶ 8, under California law, such a conclusory allegation cannot support...

...statutory right can the Court consider whether such interference was the product of threats, intimidation, or coercion. Plaintiffs premise their Bane Act claims on a host of alleged statutory and constitutional v...this provision, there can be no Bane Act liability as a matter of law. See Venegas, 11 Cal.Rptr.3d 692, ...Plaintiffs' remaining Bane Act causes of action, and DENIES Plaintiffs' summary judgment motion with respect to the remaining Bane Act causes of action asserted in Plaintiffs' motion. ...

...claims, including a First Amendment violation that was added to his third claim; a state law claim brought under the Thomas Bane Civil Rights Act, California Civil Code § .... In fact, California law and common sense indicate that all of the newly proposed claims are separate legal theories of liability because the elements of claims for violation of the Bane Act, violation..., 2018 WL 4057491, at *10 (E.D. Cal. Aug. 24, 2018) (“Under California law, false arrest and false imprisonment are not separate torts. Rather, ‘false arrest is but one way of...

...to do under the law."). The Court's modification is therefore appropriate and consistent with the Bane Act. 2. Bane Act...have raised additional concerns regarding the proposed jury instructions and verdict form. The Court addresses Defendants' concerns below. 1. Bane Act...facts in this case to the claim's elements. Critically, the Court's modification tracks the language of the Bane Act itself, which provides that an individual may file a civil action if...

...California Civil Code section 52.1—the "Bane Act"—to assert that (1) the Officers violated the rule set forth in Georgia v...seeking to add their Bane Act claim is to "compel resolution" to an issue Defendants dispute: namely, whether the Randolph rule applies to this case. See Mot. at 2, 4 ("Plaintiffs...' request to amend the pleadings to add the Bane Act claim also directly responds to Defendants' recent strategy to avoid liability under Randolph."). On February 5, 2016, the Court issued an Order...

.... B. California Bane Act claims California's Bane Act requires proof of an underlying constitutio...judgment on Williamson's California's Tom Bane Civil Rights Act (the Bane Act) claim, under the doctrine of pendent appellate jurisdiction because the rulings related to that claim and Williamson's...concluded that defendants did not violate Williamson's Fourth Amendment rights, it reversed the district court's decision denying summary judgment on Williamson's Bane Act claims...

...of the Bane Act (California state law action for intentional interference with civil rights by threats, intimidation, or coercion); (5) state law negligence, and (6) improper training in the use of...Nisenbaum (argued), Ayana Curry, and John L. Burris, Law Offices of John L. Burris, Oakland, California, for Plaintiff-Appellee...Attorney; Richard Doyle, City Attorney; Office of the City Attorney, San Jose, California; for Defendants-Appellants. Benjamin Nisenbaum (argued), Ayana Curry, and John L. Burris, Law Offices of John...

...Cal.App.4th 448, 124 Cal.Rptr.2d 238, 246 (2002)). California law is also clear that qualified immunity does not apply to state civil rights claims. See id. at 753...Gordon Kaupp, Law Offices of Dennis Cunningham, San Francisco, CA, for the plaintiff-appellant. Wilfred T. Fong, Office of the California Attorney General, Oakland, CA, for the...register as a sex offender with a felony conviction, as required by California Penal Code § 290(a)(1)(A); and (2) he failed to inform law enforcement of...