Enlow v. City of Carpinteria

Opinion

KINGSLEY, J.

After two previous attempts, plaintiff filed his second amended complaint. We are here concerned only with the first, second and fourth counts of that complaint.

1

As to those counts, defendants City of Carpintería, County of Santa Barbara, and some of the individual defendants filed both general and special demurrers. The special demurrers were sustained on the ground that each of those counts set forth more than one

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cause of action, not separately stated; the general demurrers were not ruled on. Leave to again amend was denied and the action was dismissed, as to the demurring defendants. Plaintiff has appealed; we reverse the judgment.

I

The first count is entitled “First Cause of Action for False Arrest Against F. Saragosa, Doe I Through X.” It clearly contains allegations sufficient to constitute a cause of action for false arrest against the individuals named in the above quoted title and against defendant city;

2

whether or not it also alleges that cause of action against the county is open to question. The count also contains allegations against both defendant city and defendant county charging: (a) maintenance by them of a jail which constituted a dangerous and defective condition of public property; and (b) negligence in operation of that jail, in that plaintiff was not properly protected against an assault by a fellow prisoner. The count also alleges that such an assault took place and that it caused described damages to plaintiff.

The second count is entitled “Second Cause of Action For False Imprisonment Against The City of Carpintería, F. Saragosa, Doe I Through XXX and The County of Santa Barbara.” It incorporates by reference, 15 of the 18 paragraphs of the first cause of action and then proceeds to allege a cause of action for false imprisonment against the individuals and the two governmental corporations listed in the title.

The fourth cause of action is entitled “Fourth Cause of Action Against The County of Santa Barbara, The City of Carpintería, Does XI Through XX, Both Inclusive, For Their Failure to Provide Immediate Requested Medical Attention to A Person Confined In Jail.” As with the second count, it incorporates, by reference, 15 of the 18 paragraphs of the first cause of action and then proceeds to allege a duty on the defendants named in the title to furnish medical care, their