Smith v. Dept. of Corrections and Rehabilitation CA3

Filed 4/10/15 Smith v. Dept. of Corrections and Rehabilitation CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(Placer) ----

LAWRENCE E. SMITH,

Plaintiff and Appellant, C074711

v. (Super. Ct. No. SCV0032798)

DEPARTMENT OF CORRECTIONS AND

REHABILITATION et al.,

Defendants and Respondents.

In 2006, Lawrence E. Smith spent eight days in jail for crimes actually committed by Joseph Kidd, who had stolen Smith’s identity. In 2011, Smith filed a claim with the California Department of Corrections and Rehabilitation (CDCR) before suing CDCR and Kidd’s parole agent, Anthony Kaestner,1 for damages. After the California Supreme Court decided DiCampli-Mintz v. County of Santa Clara (2012) 55 Cal.4th 983…