DEFENDANT COUNTY OF SAN MATEO’S DEMURRER
· SUSTAINED WITH LEAVE TO AMEND. Defendants County of San Mateo’s and Deputy Sheriff J. Piper’s Demurrer to Complaint is Sustained With Leave To Amend. Plaintiff shall file an Amended Complaint within 20 days of this Order.
· This is a personal injury case that arises out of an auto/bicycle collision in Redwood City in early January 2018. By his Complaint, Plaintiff William Pratt asserts two causes of action: (1) Intentional Torts and (2)Negligence. The basic gist of his claims is that Sheriff’s Deputies used unlawful excessive force by assaulting or recklessly ramming Mr. Pratt, who was riding his bicycle, with their patrol car in an effort to detain him.
· In the Court’s opinion, Plaintiff is attempting to state claims for assault, battery, false imprisonment, and negligence. However, the Complaint falls short of the mark in doing so.
· On the Plaintiff’s threshold objection that no Meet & Confer has been done, the Court finds adequate complia
Hearing Date
February 23, 2018
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DEFENDANT COUNTY OF SAN MATEO’S DEMURRER
· SUSTAINED WITH LEAVE TO AMEND. Defendants County of San Mateo’s and Deputy Sheriff J. Piper’s Demurrer to Complaint is Sustained With Leave To Amend. Plaintiff shall file an Amended Complaint within 20 days of this Order.
· This is a personal injury case that arises out of an auto/bicycle collision in Redwood City in early January 2018. By his Complaint, Plaintiff William Pratt asserts two causes of action: (1) Intentional Torts and (2)Negligence. The basic gist of his claims is that Sheriff’s Deputies used unlawful excessive force by assaulting or recklessly ramming Mr. Pratt, who was riding his bicycle, with their patrol car in an effort to detain him.
· In the Court’s opinion, Plaintiff is attempting to state claims for assault, battery, false imprisonment, and negligence. However, the Complaint falls short of the mark in doing so.
· On the Plaintiff’s threshold objection that no Meet & Confer has been done, the Court finds adequate complia