Gong

Appellants Tammy Gong (Gong) and L&G Rosemead Garden LLC (L&G) (Gong and L&G are jointly referred to as “appellants”) seek to impose liability on the City of Rosemead (the City) for the alleged tortious conduct of John Tran (Tran), a former member of its city council and former mayor of the City. Appellants allege that while L&G’s proposed real estate project was proceeding through the City’s approval process, Tran, the City’s mayor, “extracted” $38,000 in “loans” from Gong, refused to repay her, and then set about a retaliatory course of conduct to prevent the approval of L&G’s development project after Gong refused to provide Tran with additional funds and continuously rejected his sexual overtures. Gong also alleged that Tran physically assaulted her and threatened to kill her. The trial court sustained, without leave to amend, the City’s demurrer and granted its motion to strike the complaint, and entered a judgment of dismissal, from which appellants appeal.

We determine that, contrary to appellants’ contention, their claims were subject to the claim presentation requirements and the immunity provisions of the Government Claims Act (Gov. Code, § 810 et seq.).…