Pacific States Enterprises, Inc. v. City of Coachella

The plaintiff in this matter, Pacific States Enterprises, Inc. (Pacific), appeals from the dismissal of its first amended complaint as against two defendants pursuant to section 581, subdivision (f)(1) and (2) of the Code of Civil Procedure after their demurrers to the first amended complaint were sustained. On appeal, Pacific contends that: (1) With regard to the defendant City of Coachella (City)—(a) the trial court erred in sustaining the City’s demurrer to the first amended complaint and (b) even if the trial court was correct in sustaining the City’s demurrer to the first amended complaint, the trial court erred in sustaining that demurrer without leave to amend; and (2) with regard to the individual defendant, Les Nelson (Nelson)—the trial court erred in sustaining the demurrer to the first amended complaint.

We shall conclude that the trial court’s rulings were legally correct and, consequently, we shall affirm the dismissals entered below.

Statement of Factual and Procedural Background

As pled in Pacific’s first amended complaint, the general gist of the facts underlying the within action are as follows:

Pursuant to the Government Tort Claims Act, Pacific…