Lacy v. City of Monrovia

Opinion

ASHBY, J.

Plaintiff Pauline Lacy (appellant) appeals from an order granting the City of Monrovia’s (respondent) motion for summary judgment.

On January 4, 1973, Esse L. Lacy presented to respondent a claim for damages. In the claim Esse L. Lacy alleged that on October 1, 1972, at approximately 4 a.m., “Police Officers of the City of Monrovia broke into my home at the above address

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in county territory in the County of

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Los Angeles, and terrorized me and my family,” and the particular act or omission on the part of respondent’s agents was “[t]he detention of me and the said members of my family, our humiliation in front of members of my family, our humiliation in front of the neighbors who were looking out of their windows as to what was going on. We were all caused embarrassment and humiliation and were detained and deprived of our liberty for about fifteen minutes. My wife was exposed to the gaze of strange men. My life and hers were threatened. Recurrence of duodenal and peptic ulcer, and further bulging of hiatus hernia,” resulting in the following damage: “Damage for detention, humiliation and embarrassment and was held and detained and deprived of our liberty for about fifteen minutes. Damage for above physical injuries.”

The claim was rejected by respondent on January 16, 1973. On June 7, 1973, a complaint was filed in superior court on behalf of Esse L. Lacy in the first cause of action, Pauline Lacy, in the second cause of action and in the third cause of action for Gregory by his guardian ad litem, Esse L. Lacy; Anthony Crawford by his guardian ad litem, Esse L. Lacy; Charlotte Crawford by her guardian ad litem, Esse L. Lacy, for false arrest, physical injuries and property damage caused by defendant city and its employees acting within the scope of their employment.

Respondent moved for summary judgment on the second and third causes of action on the ground that only Esse L. Lacy had properly filed a claim and that the. other plaintiffs were barred under section 945.4 by their failure to present their claims pursuant to the appropriate section 911.2 of the Government Code.