Rose

Rose v. County of Plumas

Good Law
152 Cal. App. 3d 999·1984 Cal. App. LEXIS 1727·199 Cal. Rptr. 842
Court of Appeal of CaliforniaMarch 8, 1984Civ. 22740California3,108 words

Opinion

Opinion

Couzens, J.

Plaintiffs Noel and Velma Rose, husband and wife, appeal from a judgment of dismissal entered in favor of defendants County of Plumas, Sheriff S. Douglas Thomas, and Deputy Sheriffs J. Shaver and R. E. Day (county) after county’s general demurrer to plaintiffs’ first amended complaint was sustained without leave to amend. We shall reverse the judgment.

Facts

According to plaintiffs’ first amended complaint, on June 18, 1981, plaintiffs Noel and Velma Rose were customers of the Plumas Club, a bar in Plumas County, and “were relaxing and enjoying the companionship of other patrons . . . .” Therein ensued a “siz[e]able commotion” between Evie Cardell and Jennifer Hampton, “persons of known violent and vicious propensities,” which “threatened the safety, quiet and repose” of plaintiffs and the other guests. While assisting the bartender in evicting the combatants, alleges the complaint, Mr. Rose received extensive personal injuries, all of which resulted in permanent disability. The first cause of action seeks to impose liability on the bar for failure to properly operate the premises; the second cause of action seeks damages for assault and battery from the two women.…

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