Lindsey

INTRODUCTION

Plaintiffs Bruce B. Lindsey and Linda F. Barbee appeal from a judgment entered

after the trial court sustained without leave to amend defendants’ demurrer to the fourth

amended complaint. Plaintiffs sued defendants, asserting that the Upland and Fontana

police departments and its officers had falsely implicated Lindsey in a plot to hire a hit

man to murder Barbee. On appeal, plaintiffs argue they have alleged sufficient facts to

state civil rights violations under federal and state laws. Defendants counter that

plaintiffs cannot amend the defects in their pleadings and no further amendments should

be allowed.

We conclude the trial court did not abuse its discretion. Furthermore, plaintiffs

have not alleged sufficient facts to support any claim against defendants. We affirm the

judgment.

II

FACTUAL AND PROCEDURAL BACKGROUND

A. The Fourth Amended Complaint

The original complaint was filed on August 3, 2011. A third amended complaint,

adding various state law claims was filed on May 14, 2012. This is the second appeal. In

May 2014, we affirmed the trial court’s order granting the anti-SLAPP motion to strike

2 (Code Civ. Proc., § 425.16), which was filed…