Facts

On April 7, 2019, three police officers, Officer Brian Hansen, Sergeant Jack Craig, Sergeant Jesse Hightower of the California City Police Department responded to a burglary call and arrived at plaintiff Ricardo Chavez' home. The three police officers proceeded to search plaintiff's home. The search revealed cannabis residue at plaintiff's home. Plaintiff was charged by Kern County Superior Court for possession of a controlled substance in violation of the California Health and Safety Code Section 11366.

Plaintiff filed a lawsuit against the City of California and the three police officers.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that when the three police officers arrived at plaintiff's home without a valid search warrant, the police officers proceeded to search his home regardless of plaintiff's request for the officers to leave. Plaintiff also contended that the officers damaged plaintiff's personal properties such as furniture, household items and equipment while conducting the search.

DEFENDANT'S CONTENTIONS: Defendants contended that plaintiff's first amended complaint failed to state a claim because it was barred by the decision in Yount v. City of Sacramento. Yount held that a plaintiff was barred from asserting a cause of action that would imply the invalidity of a criminal conviction.

Result

Defendants' motion to dismiss plaintiff's complaint was granted without leave to amend.