Judge: Elaine W. Mandel, Case: 22SMCV00458, Date: 2022-08-17 Tentative Ruling

Case Number: 22SMCV00458    Hearing Date: August 17, 2022    Dept: P

Tentative Ruling
Wolford v. Lost Hills Sheriff Division, Case No. 22SMCV00458
Hearing Date August 17, 2022
Defendant Lost Hills Sheriff Division’s Demurrer to Complaint (UNOPPOSED) 

Plaintiff Wolford filed a form complaint alleging police misconduct and brutality. Defendant Lost Hills Sheriff Division demurs, arguing vagueness and failure to state a claim. Additionally, defendant argues Wolford failed to meet the requirements of Government Code §911.2, the Tort Claims Act, requiring a timely written claim prior to filing a complaint. Both are valid grounds.

The complaint contains no specific allegations; only a reference to “police misconduct and brutality.” None of the facts underlying the alleged brutality is detailed. Additionally, the complaint contains no indication that plaintiff submitted a written claim or otherwise complied with the Tort Claims Act. No opposition to this demurrer was filed. SUSTAINED.