Scannell

Scannell v. County of Riverside

Good Law
152 Cal. App. 3d 596·1984 Cal. App. LEXIS 1690·199 Cal. Rptr. 644
Court of Appeal of CaliforniaFebruary 29, 1984Civ. 29916California6,035 words

Opinion

Opinion

Haldorsen, J.

The demurrers of defendants County of Riverside and Southern Pacific Transportation Company to the first amended complaint based upon alleged failures to state causes of action and the bar of the statute of limitations were sustained in the trial court without leave to amend. Plaintiff Rick Raymond Scannell appeals from the judgments of dismissal thereafter entered.

Plaintiff’s amended complaint alleged causes of action for intentional infliction of emotional distress, false imprisonment and malicious prosecution against the County of Riverside, Riverside County Sheriff’s Detective James Bowen, the Southern Pacific Transportation Company and William G. Peoples, an alleged agent of the latter company who was not served with process.

In substance, the amended complaint asserts that on September 28, 1979, plaintiff was granted immunity from prosecution of alleged violations of Penal Code sections 211 and 459 by Detective Bowen, who, in so doing, was acting within the course and scope of his employment and with the consent of the Riverside County District Attorney; that plaintiff performed his duties under that immunity agreement; that nevertheless and contrary to the…

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