Newton

On April 17, 1984, Bill Newton and Merrilee Newton, acting in their own capacity and as guardians ad litem for their five minor children (hereafter appellants), filed a complaint alleging negligent infliction of emotional distress and battery against Napa County and four county agencies—Napa County Sheriff’s Department, Napa County Probation Department, Napa County Child Protective Services, and Napa County Human Services Delivery System (hereafter collectively County). Almost four years later following substitution of attorneys, the court granted appellants’ motion for leave to file a first amended complaint adding causes of action for false imprisonment, invasion of privacy and violation of the Civil Rights Act of 1871 ( 42 U.S.C. § 1983 ). After the first amended complaint was filed on February 11, 1988, County responded by demurring to the complaint on multiple grounds. The court subsequently granted the demurrer and entered a judgment of dismissal from which appellants appeal.

As this appeal concerns an order sustaining a demurrer, we will look only to defects appearing on the face of the complaint, accepting as true all the appellants’ allegations. (Code Civ.…