Truong

Truong v. James

Good Law
168 Cal. App. 3d 833·1985 Cal. App. LEXIS 2142·215 Cal. Rptr. 33
Court of Appeal of CaliforniaMay 29, 1985No. B008900California1,851 words

Opinion

Lead Opinion

Gates, J.

Tam Van Truong appeals from the judgment of dismissal entered in favor of the State of California and two California Highway Patrol Officers, Robert James and Norman Spargur, following the sustaining of their demurrers to his second amended complaint, which we attach hereto as an appendix.

We have concluded that while appellant has demonstrated remarkable semantic skill in his efforts to verbally skirt the bars to his action established by governing statutory and case law, the trial court’s ruling was correct.

In his first amended complaint appellant had alleged that after he had hit a center divider while out for a drunk drive, the named officers had “negligently and carelessly failed to provide for the security of the then incompetent and helpless plaintiff and rather than providing such security for plaintiff, entrusted” him to the operator of the tow truck that removed his damaged vehicle from the scene.

When a demurrer was correctly sustained to this claim, appellant in his second amended complaint merely adopted the language utilized in Clem *835 ente v. State of California (1980) 101 Cal.App.3d 374, 380 [ 161 Cal.Rptr. 799 ], augmented with terminology taken…

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