TENTATIVE RULING
Defendants Danielle Kish and County of San Diego's unopposed demurrer to plaintiff Timothy Mapp's complaint is sustained. It is unclear whether the Department of Child Support Services has a revised child support order. However, to the extent defendants are attempting to collect an increased amount of child support, the county government and its employees have immunity from liability for actions taken to collect child support from plaintiff. (Kaplan v. LaBarbera (1997) 58 Cal.App.4th 175, 178.) Furthermore, although plaintiff's complaint references attachments, no attachments were filed with the complaint. The parties shall appear to discuss whether leave to amend should be granted.
Hearing Date
June 19, 2017
Category
Civil - Unlimited
Type
Non-PI/PD/WD tort - Other
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TENTATIVE RULING
Defendants Danielle Kish and County of San Diego's unopposed demurrer to plaintiff Timothy Mapp's complaint is sustained. It is unclear whether the Department of Child Support Services has a revised child support order. However, to the extent defendants are attempting to collect an increased amount of child support, the county government and its employees have immunity from liability for actions taken to collect child support from plaintiff. (Kaplan v. LaBarbera (1997) 58 Cal.App.4th 175, 178.) Furthermore, although plaintiff's complaint references attachments, no attachments were filed with the complaint. The parties shall appear to discuss whether leave to amend should be granted.