Peasley
Peasley v. City of Scotts Valley Police CA6
Opinion
Opinion
STATEMENT OF THE CASE
Appellant provides a very scant record from the trial court of the procedure of this case, and provides no underlying facts of this litigation. We glean from the limited record that appellant filed a civil complaint against the City of Scotts Valley and individual defendants. Respondents filed a motion to strike and demurrer to appellant’s complaint.1 The hearing on respondents’ motion and demurrer was scheduled for February 15, 2013.
1 Neither the dates for these filings, nor the documents themselves are contained in the record on appeal. Appellant, who was incarcerated in state prison at the time, appeared telephonically on February 15, 2013, and requested a continuance of the hearing. The court granted the request, and continued the hearing to February 25, 2013. On February 21, 2013, appellant filed a notice to appear by telephone for the February 25, 2013 hearing. Appellant did not appear at the February 25, 2013 hearing. At that hearing, the court granted respondents’ motion to strike the individual defendants from the complaint. The court also sustained respondents’ demurrer to complaint without leave to amend as to all of the causes of action except…