McMartin

McMartin v. County of Los Angeles

Good Law
1988 Cal. App. LEXIS 598·202 Cal. App. 3d 848·249 Cal. Rptr. 53
Court of Appeal of CaliforniaJuly 6, 1988Docket Nos. B026091, B026238California4,194 words

Opinion

Opinion

Spencer, J.

Introduction

In B026091, plaintiffs Virginia McMartin and Peggy Ann Buckey appeal from an order denying their petitions for relief from the government tort claim filing statutes pursuant to Government Code section 946.6 and from an order denying their motions for reconsideration. In B026238, plaintiffs Babette J. Spitler, Donald D. Spitler, Chad A. Spitler and Wendi L. Spitler appeal from similar orders denying their petitions and reconsideration of the denial. All plaintiffs sought to file claims against defendants County of Los Angeles and City of Manhattan Beach.

Statement of Facts

All the claims arise out of the prosecution of Virginia McMartin (McMartin), Peggy Ann Buckey (Buckey) and Babette J. Spitler (Spitler) in what has become known as the “McMartin Pre-School Child Molestation Case,” which began in 1984. Criminal charges against the three were dismissed in January 1986.

On March 12, 1986, Spitler, her husband Donald D. Spitler (Donald), and their children Chad A. Spitler (Chad) and Wendi L. Spitler (Wendi) filed claims with the County of Los Angeles (County) alleging injury due to tortious conduct by the district attorney’s office, namely negligent police…

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