Hart v. City of Redwood City
- Yvonne Rogers
- 4:21-cv-02653
- U.S. District Court · Northern District of California
- 6
In Hart v. Mulholland, Judge Rogers set trial procedures, removed Redwood City from the caption, and dismissed claims against Leila Velez with prejudice.
The plaintiffs, defendants, and their trial counsel are affected by the pretrial procedures. The City of Redwood City was removed from the case caption, and Leila Velez was affected by the dismissal with prejudice of the negligence and Bane Act claims against her.
What happened
In Hart v. Mulholland, the court issued a pretrial order confirming the trial schedule, limiting each side to eleven hours, and setting rules for witnesses, exhibits, jurors, objections, and courtroom conduct.
The court granted the request to remove the City of Redwood City from the case caption after plaintiffs confirmed that they alleged no independent claim against the City. Plaintiffs opposed dismissing their negligence and Bane Act claims against Leila Velez, while defendants argued both claims failed as a matter of law.
Judge Yvonne Gonzalez Rogers ruled that the alleged conduct did not cause Hart’s death, so the negligence claim failed, and that the Bane Act claim also failed because the negligence claim had been dismissed. The court dismissed both claims against Velez with prejudice.
The detailed version
- Hart v. City of Redwood City · No. 4:21-cv-02653
- Yvonne Rogers
- Sept. 22, 2025
Background
This pretrial order followed a conference held on September 19, 2025. The court confirmed that trial would proceed on October 6 through October 9 and October 20 through October 24, 2025, with jury selection on October 6.
The order established trial procedures, including eleven hours for each side to present its case; limits on witnesses and exhibits; rules for depositions, objections, jury questions, juror internet research, expert disclosures, and courtroom equipment; and procedures for punitive damages. It also stated that unidentified “Doe” defendants would be dismissed once the jury or the first witness was sworn, whichever occurred first.
Orders Concerning the City and Leila Velez
The court granted the defendant’s request to remove the City of Redwood City from the case caption. Plaintiffs confirmed that no independent cause of action was alleged against the City and that the City had been identified only for vicarious liability under the statute.
The parties submitted supplemental briefing on whether the remaining state-law claims against Leila Velez should be dismissed. Plaintiffs argued that their negligence and Bane Act claims should continue. Defendants argued that both claims failed as a matter of law.
Ruling
Judge Yvonne Gonzalez Rogers held that a negligence claim cannot survive when the alleged breach did not cause the harm at issue. The court found that plaintiffs failed to show that Velez’s alleged “pre-shooting tactics and decisions” caused Hart’s death. The court therefore dismissed the negligence claim.
The court also dismissed the Bane Act claim, reasoning that the claim failed along with the negligence claim and that negligent conduct alone does not rise to the level of a Bane Act violation. The claims against Velez were dismissed with prejudice.
The order warned that failure to comply with its requirements could result in sanctions, including monetary fines or terminating sanctions.
Read the full 6-page opinion on CourtListener, the free public archive maintained by the Free Law Project.