On September 14, 2020 a
Ruling 01/26/2021 - Ruling
was filed
involving a dispute between
Perez, Edgar,
and
City Of Bakersfield,
County Of Kern,
Luna, Albino,
Luna, Albino, Jr.,
Varner Bros., Inc.,
for 23-CV Other PI/PD/WD - Civil Unlimited
in the District Court of Kern County.
Preview
Superior Court of California
County of Kern
Bakersfield Department 11
Date: 01/26/2021 BCV-20-102160
PEREZ VS LUNA ET AL
Courtroom Staff
Honorable: David R. Lampe Clerk: Veronica D. Lancaster
NATURE OF PROCEEDINGS: RULING ON Defendant County of Kern's Demurrer to Complaint; HERETOFORE
SUBMITTED ON JANUARY 21, 2021
RULING:
The Court sustains Defendant County of Kern’s Demurrer to Plaintiff Edgar Perez’s Complaint with leave to amend.
Public entities are not liable for common law claims absent statutory liability. (Foster v. County of San Diego (1993)
14 Cal.App.4th 668, 672; Searcy v. Hemet Unified Sch. Dist. (1986) 177 Cal.App.3d 798, 802.) Pursuant to
Government Code section 815, “[e]xcept as otherwise provided by statute: (a) A public entity is not liable for an
injury, whether such injury arises out of an act or omission of the public entity or a public employee or any other
person.” Further, in pleading a statutory cause of action, Plaintiff must plead each cause of action with factual
particularity. (See, Susman v. Los Angeles (1969) 269 Cal.App.2d 803; and Feingold v. County of Los Angeles (1967)
254 Cal. App.2d 622, 625.)
Plaintiff alleges negligence pursuant to Government Code section 815.2(a) in his first cause of action against
Defendant Luna but fails to allege any statutory basis for his second or third causes of action for negligent
entrustment and negligent hiring, supervision and retention. Accordingly, they are barred. The Court grants
Plaintiff leave to amend in order to allege a statutory against Defendant County of Kern. Plaintiff shall also include
facts to differentiate each of the three named defendants and their purported conduct in conjunction with this
action and to properly allege claim requirements.
Plaintiff shall file and serve his First Amended Complaint within 20 days of service of the Court's executed order.
Plaintiff will prepare an order consistent with this ruling for the Court's signature and pursuant to California Rules
of Court, rule 3.1312.
Copy of minutes/ruling mailed to all parties as stated on the attached certificate of mailing.
FUTURE HEARINGS:
March 08, 2021 8:30 AM Case Management Conference
Lampe, David R.
Bakersfield Department 11
MINUTES
Page 1 of 2
PEREZ VS LUNA ET AL BCV-20-102160
MINUTES FINALIZED BY: Veronica Lancaster ON: 1/26/2021
PEREZ VS LUNA ET AL
BCV-20-102160
CERTIFICATE OF MAILING
The undersigned, of said Kern County, certify: That I am a Deputy Clerk of the Superior Court of the State of California,
in and for the County of Kern, that I am a citizen of the United States, over 18 years of age, I reside in or am employed in
the County of Kern, and not a party to the within action, that I served the Minutes dated January 26, 2021 attached
hereto on all interested parties and any respective counsel of record in the within action by depositing true copies thereof,
enclosed in a sealed envelope(s) with postage fully prepaid and placed for collection and mailing on this date, following
standard Court practices, in the United States mail at Bakersfield California addressed as indicated on the attached
mailing list.
Date of Mailing: January 26, 2021
Place of Mailing: Bakersfield, CA
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Tamarah Harber-Pickens
CLERK OF THE SUPERIOR COURT
Date: January 26, 2021
By: Veronica Lancaster
Veronica Lancaster, Deputy Clerk
MAILING LIST
FEDERICO STEA KYLE W HOLMES
VAZIRI LAW GROUP KERN COUNTY ADMINISTRATIVE CENTER
5757 WILSHIRE BLVD SUITE 670 1115 TRUXTUN AVENUE 4TH FLOOR
LOS ANGELES CA 90036 BAKERSFIELD CA 93301
Certificate of Mailing
Page 2 of 2
Document Filed Date
January 26, 2021
Case Filing Date
September 14, 2020
Category
23-CV Other PI/PD/WD - Civil Unlimited
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Superior Court of California County of Kern Bakersfield Department 11 Date: 01/26/2021 BCV-20-102160 PEREZ VS LUNA ET AL Courtroom Staff Honorable: David R. Lampe Clerk: Veronica D. Lancaster NATURE OF PROCEEDINGS: RULING ON Defendant County of Kern's Demurrer to Complaint; HERETOFORE SUBMITTED ON JANUARY 21, 2021 RULING: The Court sustains Defendant County of Kern’s Demurrer to Plaintiff Edgar Perez’s Complaint with leave to amend. Public entities are not liable for common law claims absent statutory liability. (Foster v. County of San Diego (1993) 14 Cal.App.4th 668, 672; Searcy v. Hemet Unified Sch. Dist. (1986) 177 Cal.App.3d 798, 802.) Pursuant to Government Code section 815, “[e]xcept as otherwise provided by statute: (a) A public entity is not liable for an injury, whether such injury arises out of an act or omission of the public entity or a public employee or any other person.” Further, in pleading a statutory cause of action, Plaintiff must plead each cause of action with factual particularity. (See, Susman v. Los Angeles (1969) 269 Cal.App.2d 803; and Feingold v. County of Los Angeles (1967) 254 Cal. App.2d 622, 625.) Plaintiff alleges negligence pursuant to Government Code section 815.2(a) in his first cause of action against Defendant Luna but fails to allege any statutory basis for his second or third causes of action for negligent entrustment and negligent hiring, supervision and retention. Accordingly, they are barred. The Court grants Plaintiff leave to amend in order to allege a statutory against Defendant County of Kern. Plaintiff shall also include facts to differentiate each of the three named defendants and their purported conduct in conjunction with this action and to properly allege claim requirements. Plaintiff shall file and serve his First Amended Complaint within 20 days of service of the Court's executed order. Plaintiff will prepare an order consistent with this ruling for the Court's signature and pursuant to California Rules of Court, rule 3.1312. Copy of minutes/ruling mailed to all parties as stated on the attached certificate of mailing. FUTURE HEARINGS: March 08, 2021 8:30 AM Case Management Conference Lampe, David R. Bakersfield Department 11 MINUTES Page 1 of 2 PEREZ VS LUNA ET AL BCV-20-102160 MINUTES FINALIZED BY: Veronica Lancaster ON: 1/26/2021 PEREZ VS LUNA ET AL BCV-20-102160 CERTIFICATE OF MAILING The undersigned, of said Kern County, certify: That I am a Deputy Clerk of the Superior Court of the State of California, in and for the County of Kern, that I am a citizen of the United States, over 18 years of age, I reside in or am employed in the County of Kern, and not a party to the within action, that I served the Minutes dated January 26, 2021 attached hereto on all interested parties and any respective counsel of record in the within action by depositing true copies thereof, enclosed in a sealed envelope(s) with postage fully prepaid and placed for collection and mailing on this date, following standard Court practices, in the United States mail at Bakersfield California addressed as indicated on the attached mailing list. Date of Mailing: January 26, 2021 Place of Mailing: Bakersfield, CA I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Tamarah Harber-Pickens CLERK OF THE SUPERIOR COURT Date: January 26, 2021 By: Veronica Lancaster Veronica Lancaster, Deputy Clerk MAILING LIST FEDERICO STEA KYLE W HOLMES VAZIRI LAW GROUP KERN COUNTY ADMINISTRATIVE CENTER 5757 WILSHIRE BLVD SUITE 670 1115 TRUXTUN AVENUE 4TH FLOOR LOS ANGELES CA 90036 BAKERSFIELD CA 93301 Certificate of Mailing Page 2 of 2