Sascha B. Koch v. City of Los Angeles

CourtDistrict Court, C.D. California
DecidedJune 2, 2025
Docket2:23-cv-07714
StatusUnknown

This text of Sascha B. Koch v. City of Los Angeles (Sascha B. Koch v. City of Los Angeles) is published on Counsel Stack Legal Research, covering District Court, C.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sascha B. Koch v. City of Los Angeles, (C.D. Cal. 2025).

Opinion

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CIVIL MINUTES —- GENERAL ‘

Present: The Honorable CHRISTINA A. SNYDER Catherine Jeang Deborah Parker N/A Deputy Clerk Court Reporter / Recorder Tape No. Attorneys Present for Plaintiffs: Attorneys Present for Defendants: Indira CameronBanks Rebecca Hunter Proceedings: DEFENDANTS’ MOTION FOR JUDGMENT ON THE PLEADINGS (Dkt. 29, filed on April 28, 2025) I. INTRODUCTION On September 15, 2023, plaintiff Sascha B. Koch (“plaintiff”) filed this action against defendants City of Los Angeles (the “City”); Officer Laura Brinkman (“Brinkman”); Officer Joshua Towe (“Towe’”): Officer Manuel Vargas (“Vargas”): and Does 1-20 (collectively, “defendants”). Dkt. 1 (“Compl.”’). Plaintiff asserts six claims for relief: (1) unlawful search and seizure in violation of the Fourth Amendment pursuant to 42 U.S.C. § 1983 (“Section 1983”), against Brinkman, Towe, Vargas, and Does 1-20; (2) a custom or policy of unlawful search and seizure in violation of the Fourth Amendment pursuant to Section 1983 against the City; (3) a violation of the Bane Civil Rights Act, Cal. Civ. Code § 52.1, against all defendants; (4) false arrest/imprisonment against all defendants; (5) negligence against all defendants: and (6) intentional infliction of emotional distress (“ITED”) against all defendants. Compl. {| 53-120. On April 28, 2025, the City, Brinkman, Towe, and Vargas filed the instant motion for judgment on the pleadings. Dkt. 29 (“Mot.”). Defendants also submitted a request for judicial notice. Dkt. 30 (“RJN’). On May 1, 2025, upon joint stipulation of the parties, the Court dismissed plaintiff's first claim as to defendant Vargas only and dismissed plaintiff's second claim in its entirety. Dkts. 31-32.

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CIVIL MINUTES —- GENERAL ‘

On May 16, 2025, plaintiff filed an opposition to the motion for judgment on the pleadings. Dkt. 35 (“Opp.”). In the opposition brief, plaintiff voluntarily dismissed his fourth claim for false arrest/imprisonment and fifth claim for negligence.’ Opp. at 1. On May 23, 2025, defendants filed a reply.* Dkt. 36 (“Reply”). On June 2, 2025, the Court held a hearing. Having carefully considered the parties’ arguments and submissions, the Court finds and concludes as follows. Il. BACKGROUND Plaintiff alleges the following facts in his complaint. Plaintiff is an individual resident of Los Angeles County, California. Compl. 16. The City is the principal employer of defendants Brinkman, Towe, and Vargas, who were police officers in the Los Angeles Police Department, a municipal agency. Id. § 17. Defendants Does 1-20 were authorized employees of the Los Angeles Police Department and agents of the City. Id. §[ 23-24. At all material times, plaintiff alleges that Brinkman, Towe, Vargas, and Does 1-20 acted with “the complete authority and ratification” of the Los Angeles Police Department and “implied and actual permission and consent of the City” and the Los Angeles Police Department. Id. 24, 26. Plaintiff states that he is a “German-born immigrant to the United States who found success as a productive businessman and entrepreneur, performer|,| and producer.” Id. § 33. Plaintiff alleges that on November 18, 2021, defendants arrived at 19458 Ventura Boulevard, “heavily armed with full tactical gear and armored police vehicles.” Id. § 34. Plaintiff states that the officers were members of the Los Angeles Police Department’s West Valley Vice Unit, Special Weapons and Tactics (SWAT) Unit, and West Valley Gang Enforcement Unit. Id. Plaintiff states that 19458 Ventura Boulevard

! Plaintiff also states in his opposition brief that he “voluntarily dismissed all claims against one of the three individuals.” Opp. at 1. At oral argument, plaintiff's counsel clarified that all claims against defendant Vargas have been dismissed. ? Defendants argue that the Court should not consider plaintiff's opposition brief because it was filed three days late, in violation of Local Rule 7-9, forcing defendants to file their reply brief late. Reply at 1. The Court considers both the opposition brief and the reply brief, but admonishes plaintiff to abide by all Local Rules going forward.

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CIVIL MINUTES —- GENERAL ‘

consists of a “strip mall” with various business establishments, but the door of each unit is clearly marked with a unit number, including Unit 6 and Unit 7. Id. 35. When defendants arrived, plaintiff alleges that he was inside his unit, marked as Unit 6. Id. § 36. At the time, plaintiff asserts that he was “socializing with friends and business colleagues playing card games,” when his dog alerted him to a disturbance outside of the unit. Id. Plaintiff states that he stepped outside a little after 9:40 pm and was met with bright lights pointed at his face and officers “pointing firearms and shouting at him.” Id. Plaintiff alleges that he put his hands in the air and went back into his unit to alert his guests, who then exited with their hands raised. Id. Plaintiff alleges that the officers continued to shine bright lights and point their firearms at plaintiff and his guests, all of whom were detained, forced to provide identification materials, and questioned. Id. □ 38. Plaintiff describes this as a “terrifying experience.” Id. Subsequently, plaintiff alleges that defendant Towe pulled him away from Unit 6 and “began interrogating him.” Id. 4 39. Plaintiff states that he was never told why he was being questioned, that he was under arrest, advised of his Fifth Amendment rights, or presented with a warrant to search Unit 6. Id. Further, plaintiff states that he did not give any of the officers his voluntary consent to enter the premises. Id. § 40. Plaintiff alleges that at the time of the initial encounter, defendants encountered the entrances to both Unit 7 and Unit 6 of the strip mall, which were “clearly marked as separate units and could not be mistaken for each other.” Id. § 41. However, according to plaintiff, the Los Angeles Police Department only had a search warrant for Unit 7, not Unit 6. Id. § 42. Plaintiff states that even though the officers, including Brinkman, Towe, and Vargas, observed and understood the clearly marked entrances, they engaged in “an extensive search” of Unit 6 starting at 10 pm, and “began unlawfully seizing personal property” within it and interrogating plaintiff and his guests. Id. Plaintiff next states that he was placed in handcuffs and then into a police vehicle, in which he was transported to the Los Angeles Police Department’s offices and further questioned by officers, including Towe and Brinkman, “into the early morning hours.” Id. § 44. Plaintiff alleges that he was questioned even after invoking his right to not be questioned without an attorney. Id. Plaintiff states that he was arrested for a misdemeanor offense, but booked and placed in a Los Angeles County jail for over four days. Id. 4 45. According to plaintiff, he was confused as to why he was there because he had no criminal history, and he was “shocked and terrified,” “denied medical attention and treatment for his health conditions,” and “left to languish and suffer.” Id. § 45.

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CIVIL MINUTES —- GENERAL ‘

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Bluebook (online)
Sascha B. Koch v. City of Los Angeles, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sascha-b-koch-v-city-of-los-angeles-cacd-2025.