Young

Young v. County of Marin

Good Law
195 Cal. App. 3d 863·241 Cal. Rptr. 169
Court of Appeal of CaliforniaOctober 26, 1987A035320California3,099 words

Opinion

Opinion

[Opinion certified for partial publication. [*] ]

OPINION

HANING, J.

Ruth L. Young, the former appointed public defender of Marin County, appeals a judgment of dismissal of her complaint for, inter alia, wrongful termination and libel, after the trial court sustained the county's demurrer without leave to amend. [1] The rules for review of demurrers are well known and need not be exhaustively recited. (See, e.g., Dale v. City of Mountain View (1976) 55 Cal. App.3d 101, 103 [ 127 Cal. Rptr. 520 ].) To summarize, we are required to regard the material allegations of the complaint as true, and must assume that plaintiff can prove them. Thus, we consider only the complaint and those matters which may be judicially noticed to determine whether plaintiff is entitled to any relief.

On her claim for wrongful termination appellant has alleged that she was discharged from her office "[b]ecause of [her] commitment to vigorously discharge her ethical and legal obligations as Public Defender to protect the Constitutional rights of her clients (especially their Sixth Amendment rights), and to support her staff attorneys in performing their duties as defense attorneys;" and "[b]ecause [she]…

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