Lewis

Johnson v. Lewis

Good Law
120 Cal. App. 4th 443·15 Cal. Rptr. 3d 507·2004 Cal. App. LEXIS 1085·2004 Daily Journal DAR 8251·2004 Cal. Daily Op. Serv. 6094
Court of Appeal of CaliforniaJuly 7, 2004C043427California4,861 words

Opinion

Opinion

Scotland, J.

Time and again, public confidence in our legal system is tested when the general public wonders, and mutters, about why courts entertain ridiculous lawsuits. As will soon become apparent, this is such a case. Here, a person who admittedly violated the law, and posed a danger to others, unjustifiably accuses authorities of wrongfully arresting her. Fortunately, although our system of justice necessarily provides a forum for even the most ridiculous lawsuits, it also provides a vehicle, summary judgment, to relatively quickly rid the judicial system of unmeritorious cases.

Plaintiff Polly Johnson sought to recover in tort based upon her arrest by defendant Scott Lewis, an arson investigator with peace officer authority (Pen. Code, § 830.37, subd. (a)), for her commission of traffic offenses. Plaintiff’s asserted causes of action are dependent upon the claim that her arrest was unlawful because Lewis lacked probable cause to arrest her.

Defendants Lewis, the Sacramento County Fire Protection District, the Sacramento County Sheriff’s Department, and the County of Sacramento moved for summary judgment. Concluding undisputed evidence established that Lewis had probable cause…

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