Weissich

In 1955, William O. Weissich, then District Attorney for the County of Marin (Marin), successfully prosecuted Malcolm Roland Schlette for arson. Over 30 years later, in November 1986, Schlette shot and killed Weissich. Weissich’s heirs at law filed a wrongful death action against defendants Marin, the County of Sonoma (Sonoma), and the State of California (the State), among others, alleging breach of a duty to warn Weissich of Schlette’s continuing criminal conduct after his 1975 release from prison. Plaintiffs’ action against these defendants was dismissed after the trial court sustained their demurrers without leave to amend. We affirm the judgment.

Plaintiffs’ Second Amended Complaint

Plaintiffs’ second amended complaint alleged the following facts, which are deemed admitted for purposes of this appeal. (See Thompson v. County of Alameda (1980) 27 Cal.3d 741, 746 [ 167 Cal.Rptr. 70 , 614 P.2d 728 , 12 A.L.R.4th 701 ].) Weissich was the Marin District Attorney from 1953 to 1960. He prosecuted Schlette for arson in 1955. Schlette was convicted and sentenced to 20 years in prison. At sentencing, Schlette threatened the lives of Weissich, law enforcement personnel, the…