Judge: Craig Griffin, Case: Lewis v. County of Orange et al, Date: 2022-10-24 Tentative Ruling

  The Demurrer filed by Defendant City of Orange (“City”) on 5/9/22, as to the Complaint filed by plaintiff Steven Lewis (“Plaintiff”) is SUSTAINED with 15 days leave to amend.

As a preliminary matter, the Demurrer is unopposed. It thus appears that Plaintiff has abandoned his claims against City and concedes the merits of the Demurrer. (See Herzberg v. County of Plumas (2005) 133 Cal.App.4th 1, 20 [failure to oppose demurrer to portion of claim and to submit any argument on the issue on appeal deemed abandonment of issue]; Sexton v. Superior Court (1997) 58 Cal.App.4th 1403, 1410 [noting failure to file opposition created inference that demurrer was meritorious].)

The Demurrer also has merit.  The claims against City appear to be based solely on the conduct of its police officers in “supervising traffic controls and assisting with the diversion of traffic,” and despite observing many drivers making illegal U-turns, that they “took no action” re same.  (Complaint ¶¶ 8-11, 16-18.) But under Gov. Code §845, neither a public entity nor a public employee is liable for failure to provide sufficient police protection service. (See Gates v. Superior Court (1995) 32 Cal.App.4th 481, at 494, and 505-507 [collecting cases].)  The Complaint, as directed to City, thus appears to be barred here as a matter of law.

However, as this is a Demurrer to an original Complaint, the Court will grant Plaintiff 15 days leave to amend to attempt to cure the defects in its claim against City as presented therein.

Counsel for City is to give notice of this ruling.