Judge: Jon R. Takasugi, Case: 24STCV21086, Date: 2024-12-11 Tentative Ruling

Case Number: 24STCV21086    Hearing Date: December 11, 2024    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

            Defendant’s demurrer is SUSTAINED, WITHOUT LEAVE TO AMEND.

            On 8/20/2024, pro per Plaintiff Darryl Wayne Moody (Plaintiff) filed suit against City of Los Angeles Department of Recreation & Park (Defendant).

            On 10/30/2024, Defendant demurred to Plaintiff’s Complaint.

            The motion is unopposed.

Discussion

            Defendant argues that the Court lacks jurisdiction to hear this claim, and that Plaintiff’s allegations are insufficiently pled and uncertain.

            After review, the Court agrees. 

Although Plaintiff’s Complaint does not identify any specific cause of action alleged against the City, it appears from reviewing the Complaint that Plaintiff is attempting to allege a cause of action for wrongful termination in violation of public policy against the City.

Under the Government Claims Act (Govt. Code § 810 et seq.), government entities cannot be held liable under common law and judicially declared forms of liability. (Hoff v. Vacaville Unified School District (1998) 19 Cal.4th 925, 932; Brown v. Poway Unified School District (1993) 4 Cal.4th 820, 829.) California public entities can only be held liable to the extent provided by statute.

Government Code section 815(a) states: “Except as otherwise provided by statute [a] public entity is not liable for an injury, whether such injury arises out of an act or omission of the public entity or a public employee or any other person.” (Emphasis added). The Legislative Committee Comment to this statute states: “In the following portion of this division there are many sections providing for the liability of governmental entities under specified conditions…But there is no liability in the absence of a statute declaring such liability.” (Mikelesen v. State of California (1976) 59 Cal.App.3d 621, 626.) Thus, a governmental entity is not liable for injuries except as provided by statute. (Cf. Gates v. Superior Court (1995, 2nd Dist.) 38 Cal.App.4th 481).

Plaintiff’s cause of action for Wrongful Termination in Violation of Public Policy is a common law cause of action. (Tameny v. Atlantic Richfield Co. (1980) 27 Cal.3d 167.) Accordingly, Plaintiff cannot pursue a common law claim of wrongful termination in violation of public policy against the City. (Gov. Code § 815(a); Ross v. S.F. Bay Area Rapid Transit Dist. (2007) 146 Cal.App.4th 1507, 1514.)

Based on the foregoing, Defendant’s demurrer to Plaintiff’s Complaint is sustained, without leave to amend.

It is so ordered.

Dated:  December    , 2024

   Hon. Jon R. Takasugi
   Judge of the Superior Court

Parties who intend to submit on this tentative must send an email to the court at smcdept17@lacourt.org by 4 p.m. the day prior as directed by the instructions provided on the court website at www.lacourt.org.  If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative.  If all parties to a motion submit, the court will adopt this tentative as the final order.  If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar.  For more information, please contact the court clerk at (213) 633-0517.