Chromiak v. City of Los Angeles

California Court of Appeal

Chromiak v. City of Los Angeles

219 Cal. App. 2d 860, 33 Cal. Rptr. 358, 1963 Cal. App. LEXIS 2448

CourtCalifornia Court of Appeal

DecidedAugust 28, 1963

DocketCiv. 27196

StatusPublished

This text of 219 Cal. App. 2d 860 (Chromiak v. City of Los Angeles) is published on Counsel Stack Legal Research, covering California Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Chromiak v. City of Los Angeles, 219 Cal. App. 2d 860, 33 Cal. Rptr. 358, 1963 Cal. App. LEXIS 2448 (Cal. Ct. App. 1963).

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Opinion

THE COURT.

On June 19, 1962, plaintiff filed an action against the City of Los Angeles and some of its police officers, designated as Does I through V, for damages caused by alleged assault, battery and false imprisonment of plaintiff by the police officers. The city demurred to the complaint upon the ground that plaintiff’s cause of action was barred by section 22.3 of the Civil Code. The demurrer was sustained. No amended complaint having been filed, a motion to dismiss pursuant to section 581, subdivision 3, of the Code of Civil Procedure was granted. Plaintiff appeals therefrom.

Both plaintiff and defendant have stipulated that this appeal be submitted without briefs and without argument, and be decided on the authority of, and the decision in, Jones v. City of Los Angeles (1963) 215 Cal.App.2d 155 [30 Cal.Rptr. 124]. On the authority of that case, and cases cited therein, the judgment is reversed.

The cause is remanded for further proceedings consistent with Jones v. City of Los Angeles, supra, and the 1963 legislative enactments on governmental immunity from tort liability.

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THE COURT.

On June 19, 1962, plaintiff filed an action against the City of Los Angeles and some of its police officers, designated as Does I through V, for damages caused by alleged assault, battery and false imprisonment of plaintiff by the police officers. The city demurred to the complaint upon the ground that plaintiff’s cause of action was barred by section 22.3 of the Civil Code. The demurrer was sustained. No amended complaint having been filed, a motion to dismiss pursuant to section 581, subdivision 3, of the Code of Civil Procedure was granted. Plaintiff appeals therefrom.

Both plaintiff and defendant have stipulated that this appeal be submitted without briefs and without argument, and be decided on the authority of, and the decision in, Jones v. City of Los Angeles (1963) 215 Cal.App.2d 155 [30 Cal.Rptr. 124]. On the authority of that case, and cases cited therein, the judgment is reversed.

The cause is remanded for further proceedings consistent with Jones v. City of Los Angeles, supra, and the 1963 legislative enactments on governmental immunity from tort liability.

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219 Cal. App. 2d 860, 33 Cal. Rptr. 358, 1963 Cal. App. LEXIS 2448, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chromiak-v-city-of-los-angeles-calctapp-1963.

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