White

White v. Superior Court

Good Law
1990 Cal. App. LEXIS 1279·225 Cal. App. 3d 1505·275 Cal. Rptr. 706·90 Daily Journal DAR 13853·90 Cal. Daily Op. Serv. 8848
Court of Appeal of CaliforniaDecember 5, 1990A051240California2,301 words

Opinion

Opinion

Merrill, J.

Petitioner (hereafter plaintiff) challenges a superior court summary adjudication order. The order prevents her from pursuing two causes of action because her written claim against the City and County of San Francisco (hereafter San Francisco) did not mention alleged problems with San Francisco’s hiring, training, retention, supervision and discipline of employees. We conclude that the court erred in its application of the claim requirement.

On September 11, 1989, plaintiff presented the following claim against San Francisco: “On or about May 26, 1989, at Third and Quesada Streets in San Francisco, Claimant, a Muni bus driver, was requested by a fellow employee to assist in trying to move a broken-down Muni coach. Claimant parked her coach and got out to assist her fellow employee. At that time she was approached by a San Francisco Police officer [Officer J. Sanford] who asked her to show her driver’s license. She asked the officer what she had done wrong. The officer did not answer her, but instead grabbed her hands, forced them behind her back and slammed her face into a wall. Claimant was placed in handcuffs and transported to Potrero Station.

“The officer…

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