Williams v. County of San Bernardino CA4/2

BACKGROUND

Because a motion for judgment on the pleadings performs the same function as a

general demurrer, attacking defects disclosed on the face of the pleadings or by matters

subject to judicial notice, we accept as true the complaint’s factual allegations and give

them a liberal construction. (Burnett v. Chimney Sweep (2004) 123 Cal.App.4th 1057,

The change of plea form does not indicate to which subdivision of section 415 plaintiff entered his plea.

2 1064-1065.) We also rely upon facts as adduced from the record before the superior

court in reviewing the defendants’ summary judgment motion.

On the evening of April 27, 2010, at approximately 9:30 p.m., Sheriff’s Deputy

J. Tebbetts pulled his cruiser into the driveway of plaintiff’s residence, exited the vehicle,

and approached the garage. Tebbetts was responding to an emergency 911 call reporting

a fight between two males. Plaintiff was sitting in the garage with his friend, Dan Cliff,

watching television. The garage door was partially open, so Tebbetts bent down and

informed plaintiff he had been dispatched to the location in reference to a fight. Plaintiff

informed Tebbetts that he and Cliff had been…