Mohlmann

Plaintiff and appellant, James Mohlmann, appeals from a dismissal of his complaint against defendant and respondent, City of Burbank (City), and five of its police officers, after a demurrer to his complaint was sustained, and the complaint dismissed. The issue presented is whether the provisions of Government Code section 945.3 preventing arrestees from suing police and their employers for false arrest while criminal charges following the arrest are pending, nonetheless required the arrestee to file a claim under the California Tort Claims Act.

For the reasons hereinafter set forth, we conclude that the demurrer was not properly sustained and reverse the dismissal.

Facts

Plaintiff filed a complaint in three causes of action against the defendants on December 5, 1983. The complaint contained three causes of action, for false arrest and imprisonment, and intentional and negligent infliction of emotional distress arising out of plaintiff’s arrest by the officer defendants on July 7, 1982. The complaint alleged that plaintiff was arrested without warrant and that a claim was filed by the plaintiff with the City on March 31, 1983, and rejected by the City on June 7,…