Thorn
Thorn v. City of Glendale
Opinion
Opinion
Gates, J.
James Thom and his business, Glendale Spa City, Inc. (Spa City), appeal from a judgment upon demurrer entered in favor of the City of Glendale (Glendale) in their action against Glendale and its employee and fire marshal, John Orr, for fire damage to Spa City. The complaint alleges that Orr set a fire at Spa City while acting in his official capacity and that Glendale is liable for the ensuing loss both under respondeat superior principles and for negligently supervising Orr. Appellants contend:
“[I.] John Orr was acting within the scope of his employment for the City of Glendale when he set the incendiary devices which damaged appellants’ premises. [II.] The City is liable for negligently supervising its fire marshal.”
Upon appeal from the sustaining of a demurrer without leave to amend, we assume the truth of all facts properly pleaded in the complaint. “If on consideration of all the facts stated it appears that the plaintiff is entitled to any relief, the order of dismissal upon the sustaining of a demurrer should be reversed. [Citation.]” (Hill v. People ex rel. Dept. of Transportation (1979) 91 Cal.App.3d 426, 429 [ 154 Cal.Rptr. 142 ].)