John F. Deonarine v. Lopez

— 1 — — 2 — — 3 — — 4 — — 5 — — 6 — — 7 — 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA — 10 — 11 JOHN F. DEONARINE, Case No. 2:22-03353 JLS (ADS) 12 Plaintiff, 13 v. ORDER ACCEPTING UNITED STATES MAGISTRATE JUDGE’S REPORT AND 14 LOPEZ, et al., RECOMMENDATION 15 Defendants. — 16 — 17 Pursuant to 28 U.S.C. § 636 , the Court has reviewed Defendants’ Motion for 18 Summary Judgment (Dkt. No. 52), Plaintiff’s Opposition to Defendants’ Motion for 19 Summary Judgment (Dkt. No. 55), Plaintiff’s related filings (Dkt. Nos. 56-58), 20 Defendants’ Reply (Dkt. No. 60), the Report and Recommendation of United States 21 Magistrate Judge (Dkt. No. 66), and Plaintiff’s Objection with Points and Authorities to 22 Report and Recommendation of United States Magistrate Judge (Dkt. No. 68). 23 The Court has engaged in a de novo review of those portions of the Report and 24 Recommendation to which objections were made and overrules the objections. 1 || Specifically, with regards to the objection asserting that reasonable cause and probable 2 || cause are identical in meaning (Dkt. No. 68 at 32); this is incorrect. Reasonable cause, 3 || as used in Cal. Penal Code § 851.8 (b), is distinct from probable cause and is “understood 4 || to refer to a determination made after all relevant evidence comes to light.” Tennison v. 5 || California Victim Comp. & Gov't Claims Bd., 62 Cal. Rptr. 3d 88, 97 (Cal. Ct. App. 6 ||2007). Probable cause is determined based on information known at the time of the 7 || arrest. See Blankenhorn v. City of Orange, 485 F.3d 463, 475 (9th Cir. 2007). The 8 || Court accepts the findings and recommendations of the Magistrate Judge. 9 Accordingly, IT IS HEREBY ORDERED: 10 1. The Report and Recommendation (Dkt. No. 66) is accepted; 2, Defendants’ Motion for Summary Judgment (Dkt. No. 52) is granted; 19 3. The case is dismissed with prejudice; and 13 4. Judgment is to be entered accordingly. 14 Zo 15 || DATED: March 28, 2024 RE | wel Ab THE HONORABEE JO HINE L. STATON 16 United States District Judge — 17 — — 18 — — 19 — — 20 — — 21 — — 22 — — 23 — — 24 —