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KOVAL v. U.S., CV13-02552-JAM-DAD. (2015)

Court: District Court, E.D. California Number: infdco20150709a62 Visitors: 12
Filed: Jul. 08, 2015
Latest Update: Jul. 08, 2015
Summary: ORDER JOHN A. MENDEZ , District Judge . Before the Court are Plaintiff's Motion for Partial Summary Judgment (Doc. 32) and Defendant's Motion for Summary Judgment (Doc. 38). A hearing on the motions was conducted on July 1, 2015. After the submissions of the parties and arguments on the motions, the Court rules on the motions as follows: IT IS ORDERED the Plaintiff's motion for partial summary judgment on the claim of false imprisonment is GRANTED; IT IS FURTHER ORDERED that Plainti
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ORDER

Before the Court are Plaintiff's Motion for Partial Summary Judgment (Doc. 32) and Defendant's Motion for Summary Judgment (Doc. 38).

A hearing on the motions was conducted on July 1, 2015.

After the submissions of the parties and arguments on the motions, the Court rules on the motions as follows:

IT IS ORDERED the Plaintiff's motion for partial summary judgment on the claim of false imprisonment is GRANTED;

IT IS FURTHER ORDERED that Plaintiff's abuse of process claim is dismissed with prejudice (abandoned by Plaintiff);

IT IS FURTHER ORDERED that Plaintiff's claim of false arrest (deemed the same claim as false imprisonment under California state law) is dismissed with prejudice;

IT IS FURTHER ORDERED that Plaintiff's motion for partial summary judgment on the claim of malicious prosecution is denied as there are material issues of fact to be decided at trial; and

IT IS FURTHER ORDERED that Defendant's motion for summary judgment is DENIED.

Source:  Leagle

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