Defendants City of El Cajon and Richard Gonsalves' Demurrer to the Second Cause of Action for negligent training, supervision and retention is SUSTAINED without leave to amend. (Defendants do not demurrer to the First Cause of Action for Negligent Infliction of Emotional Distress.) Plaintiff alleges that the City is vicariously liable for the negligence of specifically named city employees (and fictitiously named parties) in failing to adequately train, supervise, discipline and retain sworn police officers, like Gonsalves. Plaintiff alleges that the duty to train, supervise and discipline stems from the California Commission On Peace Officer Standards and Training ("POST") and Govt Code 1031(f).

Claims against a public entity under the California Tort Claims Act ... and has two sources: (1) the public entities' liability based on their own conduct and legal obligations, and (2) the public entities' liability, based on respondeat superior principles, for the misconduct of their employ