San Diego Police Officers Ass'n v. City of San Diego

Good Law

1994 Cal. App. LEXIS 1138·29 Cal. App. 2d 1736·29 Cal. App. 4th 1736·35 Cal. Rptr. 2d 253·94 Daily Journal DAR 15925

Court of Appeal of CaliforniaNovember 10, 1994D017945California2,532 words

Opinion

Todd, J.

San Diego Police Officers Association (POA) and Harold Goudarzi appeal a judgment for the City of San Diego (City) on the grounds it was error to conclude an underlying action (the Loche action), against Goudarzi and the City, did not arise out of an act or omission in the scope of Goudarzi’s employment as a police officer, within the meaning of Government Code section 996.4.

Factual and Procedural Background

Goudarzi, a sergeant with the San Diego Police Department (Department) working on the homicide task force investigating serial murders, met Denise Loche when she phoned the Department to give information concerning an investigation. Loche became an informal citizen informant working directly under Goudarzi. A personal relationship also developed. Prior to October 13, 1990, the two had sex on three or four occasions at Goudarzi’s condominium, always while Goudarzi was off duty.

Loche claimed that following a period of intimidation and coercion, Goudarzi performed acts of sexual battery upon her person on October 13, 1990. She filed a complaint against Goudarzi and the City alleging six causes of action: (1) battery; (2) civil rape; (3) rape by fear and fraud; (4)…

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