Bohrer

Bohrer v. County of San Diego

Good Law
104 Cal. App. 3d 155·163 Cal. Rptr. 419·1980 Cal. App. LEXIS 1663
Court of Appeal of CaliforniaApril 2, 1980Civ. 18712California2,744 words

Opinion

Opinion

Greer, J.

Plaintiffs John R. Bohrer individually and Neil J. Bohrer, a minor, by his guardian ad litem and Lucille Bub, sued the County of San Diego and San Diego County Community Mental Health Service for damages sustained as a result of the wrongful death of Darlene Bub Bohrer. The decedent was the wife of John R. Bohrer, the mother of Neil J. Bohrer and daughter of Lucille Bub.

The trial court sustained the defendant’s demurrer to the complaint without leave to amend on the grounds that:

Plaintiffs appeal from the ensuing judgment of dismissal.

Accepting as true the relevant factual allegations in the complaint as is required in reviewing an order sustaining a demurrer (Vedder v. County of Imperial (1974) 36 Cal.App.3d 654, 658 [ 111 Cal.Rptr. 728 ]; Aweeka v. Bonds (1971) 20 Cal.App.3d 278, 280 [ 97 Cal.Rptr. 650 ], the following facts are set forth.

On January 17, 1975, the decedent, Darlene Bub Bohrer, came to the San Diego County Community Mental Health Service for professional and medical assistance stemming from a then existing state of depression. The decedent was continually treated from January 17, 1975, through and up to the date of her death, August 6, 1977. On…

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