Michenfelder

Michenfelder v. City of Torrance

Good Law
104 Cal. Rptr. 501·1972 Cal. App. LEXIS 750·28 Cal. App. 3d 202
Court of Appeal of CaliforniaOctober 19, 1972Civ. 39558California1,804 words

Opinion

Opinion

Files, J.

This appeal arises out of a claim against the City of Torrance for damages for the alleged negligence of city police officers in failing to take appropriate action to protect the property of plaintiffs. The city’s demurrer to the complaint, as amended, was sustained without leave to amend further, and the complaint was dismissed as to the city. Plaintiffs are appealing from that judgment.

The only portion of the complaint which was directed against the city was denominated the twelfth and thirteenth causes of action. The twelfth cause of action alleged the following facts, in substance:

Plaintiffs were in possession of a retail women’s apparel shop which plaintiffs operated on leased premises in Torrance under a franchise agreement with an entity known as “Rags for Dolls,” whose representative was Dean Tinney. Between 3 a.m. and 4 a.m. on December 6, 1969, Dean Timiey and other defendants (hereinafter referred to as the Tinneys) wrongfully and without plaintiffs’ consent entered plaintiffs’ premises, removed a plate glass window, changed the locks, and. removed and destroyed or otherwise disposed of fixtures, supplies, goods and other items from plaintiffs’ premises.…

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