Taylor

Taylor v. City of Sunnyvale CA6

Good Law
Court of Appeal of CaliforniaAugust 7, 2024H051359California4,041 words

Opinion

Opinion

Wilson, J.

I. FACTUAL AND PROCEDURAL BACKGROUND1

A. Original complaint and demurrer On September 10, 2021, Taylor filed his original form complaint, listing causes of action for “intentional tort”2 and “fraud and intentional deceit[,]” naming as defendants City, the Sunnyvale Department of Public Safety (Department), and Does 1 to 10 as defendants. Taylor did not check the form complaint’s boxes indicating that any of the named defendants were public entities. In the section addressing compliance with “a claims statute,” Taylor explained that he “is excused from complying because … the complaint was filed within applicable statute of limitations.” In support of his causes of action, Taylor alleged that, on April 17, 2018, at approximately 10:00 p.m., he was shopping at a grocery store on East El Camino Real in Sunnyvale. Taylor left the store and returned to the parking lot to place his shopping bags into his vehicle. He noticed that a Department patrol car had stopped directly in front of his vehicle. An unnamed officer with the Department3 informed Taylor she was responding to a call for service made by the store manager. Taylor asked the officer if he was being detained and she said…

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