Hernandez v. Barton

California Court of Appeal

Hernandez v. Barton

176 Cal. App. 2d 535, 1 Cal. Rptr. 572, 1959 Cal. App. LEXIS 1514

CourtCalifornia Court of Appeal

DecidedDecember 22, 1959

DocketCiv. No. 24078

StatusPublished

This text of 176 Cal. App. 2d 535 (Hernandez v. Barton) 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.

Bluebook

Hernandez v. Barton, 176 Cal. App. 2d 535, 1 Cal. Rptr. 572, 1959 Cal. App. LEXIS 1514 (Cal. Ct. App. 1959).

Pincite

Opinion

THE COURT.

In this action against a police officer of the city of Los Angeles for damages resulting from an alleged assault, summary judgment was entered in favor of defendant upon the ground that no claim had been filed, as some claims are required to be filed, under sections 363 and 376 of the city charter. Subsequent to this ruling it was decided in Davis v. Kendrick, 52 Cal.2d 517 [341 P.2d 673], that a policeman is not an officer of the city within the meaning of the sections of the charter which require the filing of claims when the suit is to be against officers of the city.

The judgment is reversed.

Free access — add to your briefcase to read the full text and ask questions with AI

THE COURT.

In this action against a police officer of the city of Los Angeles for damages resulting from an alleged assault, summary judgment was entered in favor of defendant upon the ground that no claim had been filed, as some claims are required to be filed, under sections 363 and 376 of the city charter. Subsequent to this ruling it was decided in Davis v. Kendrick, 52 Cal.2d 517 [341 P.2d 673], that a policeman is not an officer of the city within the meaning of the sections of the charter which require the filing of claims when the suit is to be against officers of the city.

The judgment is reversed.

Cite This Page — Counsel Stack

Bluebook (online)

176 Cal. App. 2d 535, 1 Cal. Rptr. 572, 1959 Cal. App. LEXIS 1514, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hernandez-v-barton-calctapp-1959.

Opinion

Related

Cite This Page — Counsel Stack