Briand v. Garfield Beach CVS CA2/8

Filed 4/2/25 Briand v. Garfield Beach CVS CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION EIGHT

WILLIAM BRIAND, B330679

Plaintiff and Appellant, Los Angeles County Super. Ct. No. 21STCV06449 v.

GARFIELD BEACH CVS, LLC, et al.,

Defendants and Respondents.

APPEAL from a judgment of the Superior Court of Los Angeles County, Rupert A. Byrdsong, Judge. Affirmed. William Briand, in pro. per., for Plaintiff and Appellant. La Follette, Johnson, DeHaas, Fesler & Ames, Merna Abdelmalak and Robert J. Iacopino for Defendant and Respondent Garfield Beach CVS, LLC. Logan Mathevosian & Hur, Elise H. Hur for Defendant and Respondent County of Los Angeles. ____________________

William Briand sued Garfield Beach CVS, LLC (CVS) and the County of Los Angeles (County) for injuries he allegedly suffered on December 22, 2014. He filed his case on February 17, 2021. The statute of limitations bars this claim. The trial court properly sustained the defendants’ demurrers without leave to amend. Unspecified citations are to the Code of Civil Procedure. I The operative pleading is the first amended complaint, which Briand verified and filed on November 30, 2021. This pleading alleges CVS employees assaulted, beat up, hog tied, and pinned down Briand, and injured his back and spine behind the closed security office doors in the CVS Store Employees Security Room. The complaint does not link this incident to the County. The date connected to this incident in the amended complaint is December 22, 2014. The complaint requests over one billion dollars in damages. Briand was incarcerated from June 26, 2017 through June 3, 2018. Nothing in the record suggests Briand served the original February 2021 complaint on a defendant. The earliest Briand served his first amended complaint on a defendant was November 2022. In January 2023, CVS and the County demurred to the first amended complaint. Both argued Briand had missed the statute of limitations. Two days before the March 29, 2023 hearing on the demurrers, Briand filed a request to continue the hearing. He declared he had undergone surgery on March 15 and would have another surgery the first week of April. He did not say he was in the hospital or otherwise unavailable. He declared, “I won't be