O'Shea

O'Shea v. City of San Diego CA4/1

Good Law
Court of Appeal of CaliforniaJuly 19, 2022D079241California6,629 words

Opinion

Opinion

INTRODUCTION

In 2014, Mary B. O’Shea was arrested for driving while under the influence of alcohol (DUI). She pleaded guilty to one count of reckless driving in violation of Vehicle Code, section 23103, subdivision (a), and was placed on probation for three years. Nearly six years later, O’Shea filed the present civil action against the City of San Diego (hereafter, the City) and members of the San Diego Police Department (hereafter, the Police Department), alleging the defendants fabricated incriminating evidence against her and obtained her reckless driving conviction through unlawful means. The trial court sustained demurrers to the operative complaint without leave to amend and entered a judgment of dismissal, reasoning the causes of action were untimely, improper for claim-specific reasons, or both. We affirm the judgment of dismissal. II

BACKGROUND

Because this is an appeal from a judgment entered after the sustaining of a demurrer, we accept as true the following factual allegations from the operative complaint. (Dudek v. Dudek (2019) 34 Cal.App.5th 154, 160, fn. 4.) 1 Factual Background On August 22, 2014, Police Department officer Homayoun Nabizadeh pulled O’Shea over…

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