19-CIV-02886 DILIP GUNAWARDENA VS. SAN MATEO COUNTY, ET AL.

DILIP GUNAWARDENA SAN MATEO COUNTY
PRO/PER JOHN C. BEIERS

DEMURRER BY SAN MATEO COUNTY TENTATIVE RULING:

Defendant County’s demurrer to the first cause of action (negligence) is SUSTAINED. False reports to police are privileged under Civil Code section 47(b), and the public employees are not liable for injuries resulting from discretionary acts. (Gov’t Code § 820.2.)

Defendant County’s demurrer to the third cause of action (intentional infliction of emotional distress) is SUSTAINED. Public employees are immune from liability for otherwise wrongfully discriminatory actions when performing discretionary duties, even against liabilities imposed by prohibitory statutes, such as those against discrimination. (See Caldwell v. Montoya (1995) 10 Cal. 4th 972, 989.)

The immunity of Government Code section 820.2 applies unless another enactment affirmatively removes the immunity, even if liability is otherwise imposed by statute. (Id. at 986.) Discrimination based on national origin is prohibited, but Plaintiff does not allege or cite any statute that removes immunity for such discrimination. Where Doe 1 engages in a prohibited act, but does so in the performance of a discretionary duty, the immunity of Section 820.2 applies.

Plaintiff is granted leave of court to file and serve a First Amended Complaint addressing the above deficiencies of the first and third causes of action, no later than October 23, 2019, or two weeks after service of written notice of this ruling, whichever date is later.

If the tentative ruling is uncontested, it shall become the order of the Court. Thereafter, counsel for Defendant shall prepare a written order consistent with the Court’s ruling for the Court’s signature, pursuant to California Rules of Court, Rule 3.1312, and provide written notice of the ruling to all parties who have appeared in the action, as required by law and the California Rules of Court.

19-CIV-02886 DILIP GUNAWARDENA VS. SAN MATEO COUNTY, ET AL.

DILIP GUNAWARDENA SAN MATEO COUNTY
PRO/PER JOHN C. BEIERS

MOTION TO STRIKE by SAN MATEO COUNTY TENTATIVE RULING:

Defendant County’s motion to strike is GRANTED as to “San Mateo County and” from the Exemplary Damages Attachment included as page 7 to the Complaint.

Defendant County’s motion to strike allegations that Doe 1 made false statements to law enforcement (see Notice of Motion at 1:8-14) is MOOT. The challenged allegations are part of the first cause of action, to which the Court sustains Defendant County’s demurrer

If the tentative ruling is uncontested, it shall become the order of the Court. Thereafter, counsel for Defendant shall prepare a written order consistent with the Court’s ruling for the Court’s signature, pursuant to California Rules of Court, Rule 3.1312, and provide written notice of the ruling to all parties who have appeared in the action, as required by law and the California Rules of Court.