EDWARD MCKENNA vs. C/O C. AGUIAR; ET AL.

Case No. CU24-08105

Demurrer to First Amended Complaint

Defendants C. AGUIAR, S. ARNOLD, M. GLAUDE, J. HEATH, J. RATA, J. SWEETEN, A. TARRANT, and M. TROTH demur to Plaintiff EDWARD PHILLIP MCKENNA’S first amended complaint alleging causes of action for assault, battery, and fraud. Summarized, Plaintiff alleges that Defendants, correctional officers at California Medical Facility, beat him on May 28, 2022 and in June 2022 generated fraudulent reports concerning the incident.

The court has not received opposition to the demurrer.

Government Code section 945.6 states that a suit against a public entity on a cause of action for which government claim presentation is required must be commenced within six months of written notice of the claims presentation board’s action on the claim or within two years of the accrual of the cause of action if no written notice is given. Government Code section 950.2 provides that an action against a public employee for injury occurring from acts or omissions in the scope of his employment is barred if an action against the employing entity would be barred, meaning that section 945.6’s limitations apply to Plaintiff’s claims (for injury from acts of public employees) against Defendants (the public employees).

The court takes judicial notice of Defendants’ proffered materials, comprising the record of Plaintiff’s government claim form submitted July 24, 2022, under Evidence Code section 452, subdivision (c) as records of the state executive. The record of Plaintiff’s government claim form shows a facial time bar for Plaintiff’s complaint. Plaintiff’s statute of limitations for this action, where he did not receive written notice from the claims board regarding his claim, ran on May 28, 2024. However, Plaintiff’s original complaint in this action was filed on October 8, 2024.

Defendants’ unopposed demurrer is sustained without leave to amend.

ANTONIO CONTRERAS MORA vs. CITY OF FAIRFIELD; ET AL