RALPH DIAZ’s Demurrer
TENTATIVE RULING
Defendant RALPH DIAZ (“DIAZ”) demurs to Plaintiff CHARLES BERNARD DAVIS, SR.’s complaint against him for numerous claims founded in negligence and failure to provide medical care.
Immunity Under Government Code Sections 820.8 and 845.6. DIAZ argues that under Government Code section 820.8 he cannot be held liable for the acts of the California Department of Corrections and Rehabilitation (“CDCR”) staff that allegedly mistreated Plaintiff. Government Code section 820.8 reads: “Except as otherwise provided by statute, a public employee is not liable for an injury caused by the act or omission of another person. Nothing in this section exonerates a public employee from liability for injury proximately caused by his own negligent or wrongful act or omission.”
Plaintiff’s allegations against DIAZ are that DIAZ had “the final say concerning [Plaintiff’s] health care appeals requesting revision surgery” and his denial of these appeals was “denial of requ
Hearing Date
July 08, 2020
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RALPH DIAZ’s Demurrer
TENTATIVE RULING
Defendant RALPH DIAZ (“DIAZ”) demurs to Plaintiff CHARLES BERNARD DAVIS, SR.’s complaint against him for numerous claims founded in negligence and failure to provide medical care.
Immunity Under Government Code Sections 820.8 and 845.6. DIAZ argues that under Government Code section 820.8 he cannot be held liable for the acts of the California Department of Corrections and Rehabilitation (“CDCR”) staff that allegedly mistreated Plaintiff. Government Code section 820.8 reads: “Except as otherwise provided by statute, a public employee is not liable for an injury caused by the act or omission of another person. Nothing in this section exonerates a public employee from liability for injury proximately caused by his own negligent or wrongful act or omission.”
Plaintiff’s allegations against DIAZ are that DIAZ had “the final say concerning [Plaintiff’s] health care appeals requesting revision surgery” and his denial of these appeals was “denial of requ