The demurrer is sustained without leave to amend as to the 1st , 2nd , and 6th cause of action; and the demurrer is overruled as to the 7th cause of action with twenty (20) days leave to answer. County of Riverside is to give notice pursuant to CCP 1019.5, forthwith.
On 6/17/16 Defendant County of Riverside (“County”) filed a motion for judgment on the pleadings on the grounds that Plaintiff Robert Sherman’s (“Sherman”) convictions bar his false arrest and false imprisonment claims and for failure to allege facts in support of a claim for violation of Civil Code §51.7 (“Ralph Act”). On 8/30/16 the Court granted that motion with leave to amend. In addition, on 8/30/16 the Court granted Sherman leave to amend his complaint to add civil rights claims under 42 U.S.C. 1983 and assault and battery.
The First Amended Complaint (“FAC”) alleges seven causes of action: 1) false arrest, 2) false imprisonment, 3) negligence, 4) intentional infliction of emotional distress (“IIED”), 5) violation
Hearing Date
December 12, 2016
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The demurrer is sustained without leave to amend as to the 1st , 2nd , and 6th cause of action; and the demurrer is overruled as to the 7th cause of action with twenty (20) days leave to answer. County of Riverside is to give notice pursuant to CCP 1019.5, forthwith.
On 6/17/16 Defendant County of Riverside (“County”) filed a motion for judgment on the pleadings on the grounds that Plaintiff Robert Sherman’s (“Sherman”) convictions bar his false arrest and false imprisonment claims and for failure to allege facts in support of a claim for violation of Civil Code §51.7 (“Ralph Act”). On 8/30/16 the Court granted that motion with leave to amend. In addition, on 8/30/16 the Court granted Sherman leave to amend his complaint to add civil rights claims under 42 U.S.C. 1983 and assault and battery.
The First Amended Complaint (“FAC”) alleges seven causes of action: 1) false arrest, 2) false imprisonment, 3) negligence, 4) intentional infliction of emotional distress (“IIED”), 5) violation