OKORO v. CITY OF OAKLAND
Filed 8/28/06
CERTIFIED FOR PUBLICATION
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIRST APPELLATE DISTRICT
DIVISION FIVE
| SYLVESTER OKORO, Plaintiff and Appellant, v. CITY OF OAKLAND et al., Defendants and Respondents. |
A112273
(Alameda County Super. Ct. No. RG05215668)
|
Sylvester Okoro appeals from the trial court's order sustaining the demurrer of the City of Oakland, Sergeant Enoch Olivas and Officer Lisa Ausmus. By earlier order, we dismissed the appeal with regard to the City of Oakland. We now reverse the judgment with regard to Olivas and Ausmus.
PROCEDURAL HISTORY
On February 25, 2002, appellant and his wife, Ava Robinson[1], filed a complaint in federal district court against the City of Oakland (City), its police department, police chief, city manager and unnamed police officers, designated as Does 1-100. The complaint alleged causes of action for violation of civil rights (42 U.S.C. §§ 1981, 1983), false arrest and imprisonment, battery, trespass to chattels, intentional and negligent infliction of emotional distress, negligence and defamation. All causes of action arose from an alleged entry by Oakland police officers into appellant's home on June 28, 2001, and his subsequent arrest. Appellant's requisite claim under the California Government
Tort Claims Act, Government Code section 900 et seq., had been denied on October 16, 2001.
On March 24, 2003, the district court dismissed all defendants, except the City, for failure to properly serve (Fed. Rules Civ.Proc., rule 4) and failure to prosecute (Fed. Rules Civ.Proc., rule 41(b)).
On April 29, 2005, the district court found that appellant had failed to produce evidence of a â€