Oakland Answer Complaint

Case 3:15-cv-01799-MMC Document 18 Filed 05/28/15 Page 1 of 4
1 BARBARA J. PARKER, City Attorney - SBN 069722
OTIS McGEE, JR., Chief Assistant City Attorney - SBN 71885

2 DAVID A. PEREDA, Deputy City Attorney - SBN 237982
One Frank H. Ogawa Plaza, 6th Floor

3 Oakland, California 94612
Phone: (510) 238-4921 (Pereda)

4 Fax: (510) 238-6500
29608/1645765
5
Attorneys for Defendants

6 CITY OF OAKLAND
7
8
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
10 MONIQUE MILES, FOR HERSELF AND
Case No. 15-1799 DMR
AS MOTHER AND GUARDIAN OF

11 ROMELLE BROWN, AJANI BROWN,
JORDAN BROWN, AND JAYDON
12 BROWN: AND CHELSEA MILES,
PAMELA MILES, AND ERIN MILES,
CITY OF OAKLANDS ANSWER TO

COMPLAINT
13
Plaintiffs,
14
v.
OAKLAND AND SAN LEANDRO
16 POLICE OFFICERS AND SUPERVISORS
JOHN/JANE DOES NOS. 1-25; THE CITY
17 OF OAKLAND, CALIFORNIA; AND THE
CITY OF SAN LEANDRO, CALIFORNIA.
15
18
Defendants.
19
20
21
22
Defendant City of Oakland (City) answers Plaintiffs Complaint, as follows:
23
1.
As to Paragraph 1, the City denies the allegations.
24
2.
25
3.
26
4.
As to Paragraph 4, the City admits the allegations.
CITY OF OAKLANDS ANSWER TO COMPLAINT
-1-
15-1799 DMR
5.
As to Paragraph 5, the City has insufficient knowledge or information to form a
2 belief as to the truth of the allegations, and on that ground, denies those allegations.
3
6.
5
7.
7
8.
As to Paragraph 8, the City admits the allegation.
9.
As to Paragraph 9, the City admits the allegation.
10.
As to Paragraph 10, the City admits the allegation that On or about the evening
10 of April 24, 2013, plaintiff Monique Miles was at home, in Apartment No. 19 at 1485 E. 22nd
11 Street. The City has insufficient knowledge or information to form a belief as to the truth of
12 the remaining allegations, and on that ground, denies those allegations.
13
11.
14
12.
As to Paragraph 12, the City has insufficient knowledge or information to form
15 a belief as to the truth of the allegations, and on that ground, denies the allegations.
16
13.
17 a belief as to the truth of the allegations, and on that ground, denies the allegations.
18
14.
19
15.
20 a belief as to the truth of the remaining allegations, and on that ground, denies those
21 allegations.
22
16.
23
17.
24
18.
25
19.
As to Paragraph 19, the City incorporates by reference its responses to
26 Paragraphs 1 through 18.
-2-
15-1799 DMR
20.
21.
22.
As to Paragraph 22, the City incorporates by references its responses to

5
23.
24.
25.

9
26.
10
27.
11
28.

13
29.
14
30.
15
AFFIRMATIVE DEFENSES
16
17
As separate and distinct affirmative defenses to the Complaint, and each cause of
18 action asserted in it, the City states as follows:

19
First Affirmative Defense: Plaintiffs are not real parties in interest and lack standing
20 to sue the City.

21
Second Affirmative Defense: The Complaint, and each purported cause of cause of
22 action asserted in it, fails to state facts sufficient to constitute a claim upon which relief can be
23 granted.
24
Third Affirmative Defense: Plaintiffs action is barred because the alleged wrongful
25 acts and omissions are based on the exercise of a discretionary duty or discretionary function
26 on the part of the public defendants. Accordingly, the City is immunized from liability as a
-3-
15-1799 DMR
1 matter of law.
2
Fourth Affirmative Defense: The causes of action in the Complaint are barred by the
3 applicable statutes of limitation, including Government Code section 945.6 and California
4 Code of Civil Procedure section 335.1.
5
Fifth Affirmative Defense: The causes of action in the Complaint are barred because
6 Plaintiffs failed to present a timely claim in accordance with the Government Claims Act.
7
PRAYER
WHEREFORE, the City prays that:

9
1.
Plaintiffs take nothing by their Complaint;
2.
The City has judgment against Plaintiffs;
3.
The City be awarded its costs of suit; and
4.
For such other and further relief as the Court may deem proper.
10
11
12
13
14
15
16 Dated: May 27, 2015
17
18
BARBARA J. PARKER, City Attorney

OTIS McGEE, JR., Chief Assistant City Attorney
DAVID A. PEREDA, Deputy City Attorney
19
20
21
By:_______________________________________________
__ Attorneys for Defendants
CITY OF OAKLAND
22
23
24
25
26
-4-
15-1799 DMR

Oakland Answer Complaint

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Case 3:15-cv-01799-MMC Document 18 Filed 05/28/15 Page 1 of 4

1 BARBARA J. PARKER, City Attorney - SBN 069722

OTIS McGEE, JR., Chief Assistant City Attorney - SBN 71885

One Frank H. Ogawa Plaza, 6th Floor

Phone: (510) 238-4921 (Pereda)

Attorneys for Defendants

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

10 MONIQUE MILES, FOR HERSELF AND

Case No. 15-1799 DMR

AS MOTHER AND GUARDIAN OF

CITY OF OAKLANDS ANSWER TO

Defendant City of Oakland (City) answers Plaintiffs Complaint, as follows:

As to Paragraph 1, the City denies the allegations.

As to Paragraph 2, the City denies the allegations.

As to Paragraph 3, the City denies the allegations.

As to Paragraph 4, the City admits the allegations.

CITY OF OAKLANDS ANSWER TO COMPLAINT

Case 3:15-cv-01799-MMC Document 18 Filed 05/28/15 Page 2 of 4

As to Paragraph 5, the City has insufficient knowledge or information to form a

As to Paragraph 6, the City has insufficient knowledge or information to form a

As to Paragraph 7, the City has insufficient knowledge or information to form a

As to Paragraph 8, the City admits the allegation.

As to Paragraph 9, the City admits the allegation.

As to Paragraph 11, the City denies the allegations.

As to Paragraph 12, the City has insufficient knowledge or information to form

As to Paragraph 13, the City has insufficient knowledge or information to form

As to Paragraph 14, the City denies the allegations.

As to Paragraph 15, the City has insufficient knowledge or information to form

As to Paragraph 16, the City denies the allegations.

As to Paragraph 17, the City denies the allegations.

As to Paragraph 18, the City denies the allegations.

As to Paragraph 19, the City incorporates by reference its responses to

26 Paragraphs 1 through 18.

CITY OF OAKLANDS ANSWER TO COMPLAINT

Case 3:15-cv-01799-MMC Document 18 Filed 05/28/15 Page 3 of 4

As to Paragraph 20, the City denies the allegations.

As to Paragraph 21, the City denies the allegations.

As to Paragraph 22, the City incorporates by references its responses to

4 Paragraphs 1 through 21.

As to Paragraph 23, the City denies the allegations.

As to Paragraph 24, the City denies the allegations.

As to Paragraph 25, the City incorporates by references its responses to

8 Paragraphs 1 through 24.

As to Paragraph 26, the City denies the allegations.

As to Paragraph 27, the City denies the allegations.

As to Paragraph 28, the City incorporates by references its responses to

12 Paragraphs 1 through 27.

As to Paragraph 29, the City denies the allegations.

As to Paragraph 30, the City denies the allegations.

18 action asserted in it, the City states as follows:

20 to sue the City.

CITY OF OAKLANDS ANSWER TO COMPLAINT

Case 3:15-cv-01799-MMC Document 18 Filed 05/28/15 Page 4 of 4

WHEREFORE, the City prays that:

Plaintiffs take nothing by their Complaint;

The City has judgment against Plaintiffs;

The City be awarded its costs of suit; and

BARBARA J. PARKER, City Attorney

CITY OF OAKLANDS ANSWER TO COMPLAINT

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