Stevenson

Stevenson v. San Francisco Housing Authority

Good Law
1994 Cal. App. LEXIS 337·24 Cal. App. 4th 269·29 Cal. Rptr. 2d 398·94 Daily Journal DAR 5284·94 Cal. Daily Op. Serv. 2766
Court of Appeal of CaliforniaApril 20, 1994A058170California5,667 words

Opinion

Opinion

Dossee, J.

This case arises out of the death of Candice J. Stevenson’s father in the 1989 Loma Prieta earthquake in San Francisco. Stevenson sued the San Francisco Housing Authority (SFHA) and the owners of the building in which her father lived at the time of the injury which led to his death, alleging various causes of action. Stevenson appeals from the trial court’s dismissal of SFHA from the action following the sustaining of SFHA’s demurrer without leave to amend. We hold that state law immunities shield SFHA and its employees from liability for negligent inspections and that federal housing laws do not preempt the state immunities.

Factual and Procedural Background

“In reviewing the sufficiency of a complaint against a general demurrer, we are guided by long-settled rules. ‘We treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law. [Citation.] , . [Citation.] Further, we give the complaint a reasonable interpretation, reading it as a whole and its parts in their context. [Citation.]” (Blank v. Kirwan (1985) 39 Cal.3d 311, 318 [ 216 Cal.Rptr. 718 , 703 P.2d 58 ].) Bearing this standard in mind, we…

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