Lopez

This case is part of the legal aftermath of the tragic 1984 massacre at a McDonald’s restaurant in San Ysidro, California. The plaintiffs, some of the victims and survivors of the massacre, appeal from the judgment entered after defendants’ demurrer to plaintiffs’ second amended complaint was sustained without leave to amend. Defendants are the City of San Diego, former San Diego Mayor Roger Hedgecock and San Diego Police Chief William Kolender (the police defendants). We affirm.

I

Plaintiffs’ theory of liability is that the police defendants were negligent in failing to exercise reasonable care in responding to and handling the crisis created when James Huberty walked into McDonald’s and started his random shooting. Before he was fatally wounded Huberty killed 21 persons and injured several more. Styled as five separate causes of action, the complaint in reality merely alleges five sets of factual circumstances, each of which plaintiffs claim establish defendants’ negligence. Specifically, plaintiffs argue that the police defendants are liable because the police officers were inadequately hired, improperly trained and/or negligently supervised which resulted in their…