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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


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
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Attorneys for Defendants


6 CITY OF OAKLAND
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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

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Plaintiffs,

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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.
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Defendants.

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

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1.

As to Paragraph 1, the City denies the allegations.

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2.

As to Paragraph 2, the City denies the allegations.

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3.

As to Paragraph 3, the City denies the allegations.

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4.

As to Paragraph 4, the City admits the allegations.

CITY OF OAKLANDS ANSWER TO COMPLAINT

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

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.

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

4 belief as to the truth of the allegations, and on that ground, denies those allegations.
5

7.

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

6 belief as to the truth of the allegations, and on that ground, denies those allegations.
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.
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11.

As to Paragraph 11, the City denies the allegations.

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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.
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13.

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

17 a belief as to the truth of the allegations, and on that ground, denies the allegations.
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14.

As to Paragraph 14, the City denies the allegations.

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15.

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

20 a belief as to the truth of the remaining allegations, and on that ground, denies those
21 allegations.
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16.

As to Paragraph 16, the City denies the allegations.

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17.

As to Paragraph 17, the City denies the allegations.

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18.

As to Paragraph 18, the City denies the allegations.

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19.

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

26 Paragraphs 1 through 18.

CITY OF OAKLANDS ANSWER TO COMPLAINT

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

20.

As to Paragraph 20, the City denies the allegations.

21.

As to Paragraph 21, the City denies the allegations.

22.

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

4 Paragraphs 1 through 21.


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23.

As to Paragraph 23, the City denies the allegations.

24.

As to Paragraph 24, the City denies the allegations.

25.

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

8 Paragraphs 1 through 24.


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26.

As to Paragraph 26, the City denies the allegations.

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27.

As to Paragraph 27, the City denies the allegations.

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28.

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

12 Paragraphs 1 through 27.


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29.

As to Paragraph 29, the City denies the allegations.

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30.

As to Paragraph 30, the City denies the allegations.

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AFFIRMATIVE DEFENSES

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As separate and distinct affirmative defenses to the Complaint, and each cause of

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


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First Affirmative Defense: Plaintiffs are not real parties in interest and lack standing

20 to sue the City.


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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.
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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

CITY OF OAKLANDS ANSWER TO COMPLAINT

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

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.
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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.
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PRAYER

WHEREFORE, the City prays that:


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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.

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16 Dated: May 27, 2015
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BARBARA J. PARKER, City Attorney


OTIS McGEE, JR., Chief Assistant City Attorney
DAVID A. PEREDA, Deputy City Attorney

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By:_______________________________________________
__ Attorneys for Defendants
CITY OF OAKLAND

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CITY OF OAKLANDS ANSWER TO COMPLAINT

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