Judge: Cherol J. Nellon, Case: 24STCV12104, Date: 2024-11-13 Tentative Ruling
Case Number: 24STCV12104 Hearing Date: November 13, 2024 Dept: 14
#17
Case Background
This is an action for negligence, breach of contract,
violation of 42 U.S.C., section 1983 and Civ. Code, section 52.1, and emotional
distress. Plaintiff alleges that he was not given medical care while he was
incarcerated.
On May 14, 2024, Plaintiff Laquidarryl Ashley filed his
Complaint against the County of Los Angeles (COLA) and the Los Angeles County
Sheriff (LASD).
On October 11, 2024, Defendant the County of Los
Angeles filed its demurrer.
On October 31, 2024, Plaintiff filed an opposition.
On November 5, 2024, COLA filed a reply.
Instant Pleading
COLA demurs to the Complaint and moves to strike
Plaintiff’s demand for attorney’s fees under 42 U.S.C. 1988 and Civ. Code,
section 52.1.
Decision
COLA’s demurrer is SUSTAINED.
COLA’s motion to strike is GRANTED.
The Court grants Plaintiff 15 days leave to amend.
Discussion
COLA demurs to each cause of action on the grounds that
(1) it is immune to each cause of action under Gov. Code, sections 844 and
844.6 and (2) the Complaint fails to plead facts sufficient to support a cause
of action against it.
Plaintiff’s Complaint alleges that he was arrested and
incarcerated by LASD in 2018. (Compl., ¶8.) During his incarceration,
Defendants were aware that Plaintiff had physical, mental, and emotional health
issues that required care. (Id., ¶¶9-10.) Plaintiff suffered severe
respiratory and cardiac problems in July 2023 which he reported to Defendants
and was refused care for. (Id., ¶11.) As a result of Defendants’ failure
to provide care, Plaintiff required hospitalization and now suffers grave
medical conditions. (Id., ¶¶12-14.)
Immunity under Gov. Code, section 844.6
Government Code section 844.6, subdivision (a)(2)
renders a public entity as not liable for an injury to a prisoner subject to
certain exceptions. (Teter v. City of Newport Beach (2003) 30
Cal.4th 446, 450-451.) This immunity extends to causes of action under 42
U.S.C., section 1983 and Civ. Code, section 52.1. (Towery v. State of
California (2017) 14 Cal.App.5th 226, 234.)
Here, the Complaint alleges that Plaintiff was injured
while he was a prisoner. Each cause of action states that Plaintiff was injured
after Defendants allegedly failed to provide him with medical or emotional
care. The Complaint does not appear to allege any facts which would go toward
the limited exceptions to the immunity afforded under Gov. Code, section 844.6.
Plaintiff’s opposition fails to address Gov. Code, section 844.6. Because the
Complaint solely alleges causes of action based on injuries Plaintiff sustained
while he was a prisoner, COLA is immune from liability for Plaintiff’s
injuries. Therefore, COLA’s demurrer is SUSTAINED. The Court declines to reach
COLA’s arguments with respect to the sufficiency of the facts alleged.
Motion to Strike
COLA moves to strike Plaintiff’s demands for attorney’s
fees under 42 U.S.C., section 1983 and Civ. Code, section 52.1. Because the
demurrer was sustained as to the cause of action for violations of these
statutes, the motion to strike is GRANTED.
Leave to Amend
Although Plaintiff requested leave to amend, he did not
explain how the Complaint may be amended to cure the deficiencies identified
above. However, out of an abundance of caution, the Court will grant Plaintiff
15 days leave to amend.
Conclusion
COLA’s demurrer is SUSTAINED.
COLA’s motion to strike is GRANTED.
The Court grants Plaintiff 15 days leave to amend.