William Carlyle (“Plaintiff”) filed this action on June 17, 2019, against David Macagni (“Macagni”), the Department of Forestry and Fire Protection (sued as “Cal Fire”), and the County of San Luis Obispo (the “County”). The dispute arises from damages caused by a car fire which spread to Plaintiff’s property. The fire occurred on June 27, 2017. In addition, Plaintiff alleges damages arising from the County’s (a) subsequent code enforcement when, after the fire, he moved to an empty lot which he owns in Cambria, California; and (b) actions in connection with the criminal proceedings against Mr. Macagni.
On August 6, 2019, the Court sustained the County’s demurrer to the complaint without leave to amend as to the first cause of action for negligence, overruled the demurrer with respect to the second and third causes of action for negligent and intentional infliction of emotional distress due to the County’s failure to address the code enforcement issue, and gave Plaintiff leave to amend