Enlow
Enlow v. City of Carpinteria
Opinion
Opinion
Kingsley, J.
After two previous attempts, plaintiff filed his second amended complaint. We are here concerned only with the first, second and fourth counts of that complaint. As to those counts, defendants City of Carpintería, County of Santa Barbara, and some of the individual defendants filed both general and special demurrers. The special demurrers were sustained on the ground that each of those counts set forth more than one cause of action, not separately stated; the general demurrers were not ruled on. Leave to again amend was denied and the action was dismissed, as to the demurring defendants. Plaintiff has appealed; we reverse the judgment.
I
The first count is entitled “First Cause of Action for False Arrest Against F. Saragosa, Doe I Through X.” It clearly contains allegations sufficient to constitute a cause of action for false arrest against the individuals named in the above quoted title and against defendant city; whether or not it also alleges that cause of action against the county is open to question. The count also contains allegations against both defendant city and defendant county charging: (a) maintenance by them of a jail which constituted a dangerous and…