Forbes

Plaintiffs-appellants were adversaries in a prior civil action. In this action, they sued the County of San Bernardino (the County) and State of California (the State) for intentional and negligent destruction of court records relating to the prior action and for denial of civil and constitutional rights. The trial court sustained the County’s and State’s demurrers without leave to amend. We affirm the judgment.

I

Factual and Procedural Background

As explained more fully post, this is the second appeal to this court arising from the underlying dispute. On our own motion, we take judicial notice of our file and our unpublished opinion in the prior appeal, case No. E020941. (Evid. Code, §§ 452, subd. (d)(1), 459, subd. (a).) The procedural history which follows is based in part on the facts reflected in that file and opinion.

A. The Prior Action

In 1982, Verle and Janet Forbes sued A-L Financial Corporation (A-L) and Allan Lobel in San Bernardino County Superior Court, case No. VCV 3541 (the prior action). After the prior action was filed, Janet Forbes died, and Verle V. Forbes continued the action as the representative of her estate. Verle V. Forbes and the estate are…