Collins

Collins v. County of Los Angeles

Caution
1966 Cal. App. LEXIS 1261·241 Cal. App. 2d 451·50 Cal. Rptr. 586
Court of Appeal of CaliforniaApril 12, 1966Civ. 29958California3,511 words

Opinion

Opinion

Lillie, J.

In a second amended complaint for damages plaintiffs named County of Los Angeles in two causes of action alleging their false arrest and imprisonment by two deputy sheriffs. Plaintiffs appeal from a judgment dismissing the action as to the county following an order sustaining without leave to amend its demurrer to the second and sixth causes of action. Other named defendants are not parties to this appeal.

On June 1, 1964, the within action was initiated by the filing of a complaint. On September 16, 1964, in a second amended complaint, plaintiffs alleged in the second and sixth causes of action, that on June 3, 1963, they were falsely arrested and imprisoned by deputy sheriffs acting within the scope of their authority as agents of the County of Los Angeles; that during the course of a trial on the criminal charges on which they were arrested, which commenced October 9, 1963, and terminated on October 24, 1963, they first discovered that their arrest and imprisonment had not been lawful, in that the deputies did not have a valid warrant therefor and did not “reasonably believe that a public offense had been committed in their presence ’ ’; that prior to the trial they were not…

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