LTL Attorneys Secures Victory for City of Oakland & Oakland Police Department
On February 9, 2023, the Alameda County Superior Court (Honorable James R. Reilly) granted summary judgment to LTL Attorneys’ clients the City of Oakland and the Oakland Police Department.
In a legal battle waged against the City of Oakland and the Oakland Police Department (OPD) for nearly three years, former police officer Steven Fajardo and a group of truck drivers alleged the Commercial Enforcement Unit (“CEU”) of the OPD exceeded its authority by modifying trailer requirements for trucks traveling within the City of Oakland in 2016, permitting the use of “super-single trailers,” trucks that have two tires per axle instead of four.
The City of Oakland and the OPD sought dismissal of the Complaint, contending that the CEU’s adoption of the 2016 trailer requirements was lawful, in the first instance, and became a non-issue when former Interim Chief Manheimer ratified the policy change. This policy gave the OPD the power to enforce the newly implemented trailer requirements.
The court sided with the City defendants, finding that irrespective of whether the CEU had the ability or authority to modify the trailer requirements in 2016, the acting Police Chief unquestionably had the authority to ratify those changes—and she did.
The City of Oakland and the Oakland Police Department were represented by LTL Managing Partner, David Ammons, and Partner Paul Moskowitz.