Ibrahim v. Jones CA1/5

Filed 1/25/16 Ibrahim v. Jones CA1/5 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION FIVE

SAEED IBRAHIM, Plaintiff and Appellant, A141735 v. DANIEL JONES, (San Francisco City and County Super. Ct. No. CGC-11-508375) Defendant and Respondent.

This case arises from an attempt by Extreme Auto Recovery (Extreme Auto), and its agent Daniel Jones, to repossess an automobile from appellant Saeed J. Ibrahim. Ibrahim filed suit against Extreme Auto and Jones seeking damages for multiple alleged torts and civil rights violations related to the attempted repossession. In a prior unpublished decision, we affirmed summary judgment entered in favor of Extreme Auto.1 The present appeal is taken from judgment entered in favor of the remaining defendant,

1 Jones requested judicial notice of our prior decision (Ibrahim v. Extreme Auto Recovery, Inc. (Dec. 4, 2014, A138663) [nonpub. opn.]), as well as judicial notice of Ibrahim’s opening brief in that appeal. The opinion is law of the case on the issues decided and citable for that purpose. (See San Francisco Forty-Niners v. Nishioka (1999) 75 Cal.App.4th 637, 645–646 & fn. 7; Cal. Rules of Court, rule 8.1115(b)(1).) Judicial notice of our prior opinion is therefore unnecessary. We previously granted the unopposed request to take notice of Ibrahim’s opening brief in the prior matter. (Khodayari v Mashburn (2011) 200 Cal.App.4th 1184, 1196 & fn. 1 [judicial notice of appellate briefs in related appeal].)

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Jones, following summary adjudication of all causes of action, denial of leave to amend the operative complaint, and the subsequent judgment on the pleadings.2 We affirm. I. BACKGROUND AND PROCEDURAL HISTORY Ibrahim financed the purchased of a Lincoln Town Car. He missed monthly payments on the vehicle and received demands for payment. Prior to February 2010, two attempts had been made to repossess the vehicle. On February 22, Ibrahim’s wife called him to report that a tow truck was blocking their driveway. Ibrahim alleged that he drove home in his Audi and unsuccessfully asked the tow truck driver, Jones, to move his truck. Ibrahim then drove over his neighbor’s driveway to maneuver the Audi into his driveway. After Ibrahim parked, he and Jones got out of their vehicles, and Jones said, “ ‘Oh, now so you going to run me over? Nigger.’ ” Jones “took a swing” at Ibrahim, but did not strike him.3 Jones called San Francisco Police and reported that Ibrahim had hit him with the Audi. A confrontation ensued between police and Ibrahim, resulting in Ibrahim’s arrest. Ibrahim alleged that he was beaten by “Doe Defendants,” but testified at deposition that it was not Jones who struck him.4 The operative pleading is Ibrahim’s first amended complaint (FAC) filed on June 23, 2011. The pro se complaint alleged causes of action for false arrest/false imprisonment, assault and battery, negligent and intentional infliction of emotional distress, negligent hiring, retention, supervision and assignment, and violations of the