Alonzo

BACKGROUND

On August 26, 2011, Alonzo filed a complaint in the superior court against the County of Los Angeles (the County), its sheriff‟s department, and Michael Kennard, a sheriff‟s deputy. Alonzo alleged claims for battery and violation of his civil rights under Civil Code section 52.1, subdivisions (a) and (b). Defendants demurred to the complaint on the ground that it fails to state a cause of action because of the preclusive effect of the judgment against Alonzo in a prior federal court action arising from the same incident; defendants also argued that the claims were barred by certain tort immunity statutes. In support of the demurrer, defendants requested that the superior court take judicial notice of the order granting Kennard‟s motion for qualified immunity in the federal action. The superior court granted defendants‟ request for judicial notice, sustained the demurrer without leave to amend on the basis of collateral estoppel and the tort immunity statutes, and entered a judgment of dismissal. Alonzo timely appealed. The complaint alleges the following facts: “On or about the afternoon of January 14, 2010, [Alonzo] was walking on the sidewalk near his Gardena,…