Holt

INTRODUCTION

Plaintiff and appellant Calvin Holt appeals from a judgment of dismissal entered after the superior court sustained defendant and respondent W. Gardner’s demurrer to plaintiff’s third amended complaint (TAC) without leave to amend. We construe the notice of appeal as including an appeal from the order sustaining the demurrer. In his TAC, plaintiff alleged claims involving several different incidents that occurred in the period 2016 through 2019. In this opinion, we conclude the superior court properly sustained the demurrer without leave to amend as to all claims except for one which relates to an alleged incident that occurred in approximately July or August of 2019 (the “alleged July/August 2019, incident”). As to the latter claim, we conclude the superior court properly sustained the demurrer but that leave to amend should have been granted. Consequently, we reverse the judgment, and affirm, in part, and reverse, in part, the court’s order sustaining the demurrer.

FACTUAL BACKGROUND

I. State Superior Court and Related U.S. District Court Proceedings

A. Plaintiff’s Original Complaint During all times relevant, plaintiff was an inmate in the California…