Pitman
Pitman v. City of Oakland
Opinion
Opinion
Benson, J.
This appeal follows an order of the trial court dismissing the plaintiff’s complaint. A demurrer to the first cause of action was sustained without leave to amend. Demurrers to the second, third and fourth causes of action were sustained with 10 days leave to amend. Upon plaintiff’s failure to amend, the action was dismissed. We affirm the judgment of the trial court.
Plaintiff’s complaint alleged that plaintiff was employed by the City of Oakland as a police communications dispatcher; that on or about September 16, 1983, plaintiff, who was off-duty at the time, was cited and arrested by California Highway Patrol officers; that between September 16, 1983, and November 15, 1983, agents of the highway patrol disclosed the arrest information to City of Oakland employees; thereafter, on November 15, 1983, the City of Oakland, by and through its authorized agents and representatives, utilized the information concerning this arrest “which had not resulted in conviction” as a factor in determining to terminate plaintiff’s employment with the City of Oakland.
The complaint attempted to plead four causes of action. The first cause of action alleged an unauthorized disclosure and…