Sullivan

Sullivan v. City of Sacramento

Good Law
190 Cal. App. 3d 1070·1987 Cal. App. LEXIS 1659·235 Cal. Rptr. 844
Court of Appeal of CaliforniaMarch 4, 1987C000521California3,881 words

Opinion

Opinion

Puglia, J.

Plaintiff appeals from an order sustaining a demurrer to her second amended complaint for negligent infliction of emotional distress. Plaintiff contends that she has stated a cause of action against defendants and that the trial court erred in sustaining the demurrer. Alternatively plaintiff contends the trial court erred in denying leave to amend. We do not agree with either contention and shall affirm the judgment.

Facts

For purposes of this appeal, we take as true all well pleaded factual allegations of the complaint. (Alcorn v. Anbro Engineering, Inc. (1970) 2 Cal.3d 493 , 496 [ 86 Cal.Rptr. 88 , 468 P.2d 216 ].)

The material factual allegations of the second amended complaint are: The Sacramento Police Department was alerted to an ongoing, thirty-minute burglary and rape when plaintiff’s neighbors telephoned the dispatch unit after hearing repeated screams for help; dispatcher Singh spoke with plaintiff’s neighbors for five minutes; thereafter in violation of defendants’ training, practices, and procedures Singh called plaintiff; in a three-minute conversation dispatcher Singh berated and badgered plaintiff with rude, insulting, insolent, abusive and demeaning…

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