Klimper v. City of Glendale

WOOD (Parker), J.

Plaintiff appeals from a judgment in favor of defendants city of Glendale, Charles R. Dyer (Police Judge of Glendale), and five police officers of Glendale, which judgment was entered upon orders sustaining, without leave to amend, demurrers of said defendants. The demurrers of the first two defendants above mentioned were to the second amended complaint. The demurrers of the other defendants above mentioned were to the third amended complaint. Plaintiff also appeals from a judgment in favor of another defendant, Marshall B. Everett, entered upon an order sustaining, without leave to amend, his demurrer to the third amended complaint.

It was alleged in the second amended complaint as follows: The city of Glendale is a political subdivision of California. Defendant Dyer at all times mentioned therein was a police judge of the city of Glendale. Defendant Rassmussen at all times therein mentioned was chief of police of said city. Defendant Hegi at said times was a captain of police of said

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city. Defendants Bullock, DiefEenbach, Kelley, and Stenberg at said times were police officers of said city and were acting under the supervision of defendants Rassmussen and Hegi. On October 27, 1947, defendant Everett filed a complaint in the police court of said city, a copy of which is attached to the third amended complaint and marked exhibit A. (Said exhibit A was entitled ‘ ‘ The People of the State of California, Plaintiff -vs- Maude Klimper, Defendant, Complaint—Criminal,” and it was alleged therein in substance in count 1 that said Maude Klimper on October 26, 1947, in the city of Glendale did unlawfully, while driving a motor vehicle on San Fernando Road, a public highway in said city, and intending to make a left turn at Princeton Street, an intersecting highway, make the approach for such left turn from a portion of the roadway at a place other than the portion nearest the center line thereof. It was also alleged therein in substance in count 2 that said defendant Klimper on October 26, 1947, in said city did unlawfully, while driving a motor vehicle on San Fernando Road, turn said vehicle from a direct course at a time when such movement could not be made with reasonable safety, and without giving the appropriate signal provided for in subdivision (b) of section 544 of the Vehicle Code. The said “Complaint — Criminal” was signed by said defendant Everett.) Plaintiff alleged upon information and belief that defendant Everett filed said complaint at the request of defendant Stenberg. On October 28, 1947, pursuant to said complaint, defendant Dyer, Police Judge of Glendale, issued a warrant of arrest, and pursuant to said warrant the defendants Bullock, DiefEenbach and Kelley, acting under the direction of defendants Rassmussen and Hegi, arrested plaintiff and incarcerated her in the city jail; that defendants Rassmussen, Hegi, Bullock, DiefEenbach and Kelley refused to let plaintiff communicate with an attorney, bail bond broker, or any of her relatives or friends and plaintiff therefore was unable to “raise bail” until the morning of October 29, 1947. Defendant Dyer set the bail in the amount of $100, which bail was disproportionate to the offense involved. Said warrant was issued in violation of provisions of section 739 of the Vehicle Code “in that if an offense had been committed it was in the presence of Defendant W. R. Stenberg, and of which he was aware.” Plaintiff was not at any time prior to her arrest given a notice to appear pursuant to provisions of section 739 of the Vehicle Code, and defendants did not comply with any of the provisions of said section,