Watson v. County of Los Angeles

California Court of Appeal Sep 15, 1967 No. Civ. 31284Published

Before: Kingsley

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Holding. The court held that public employees are immune from liability under Government Code section 821.6 for acts or omissions in record-keeping and reporting that lead to a judicial proceeding, thereby shielding the county from vicarious liability.

Issues

Whether an order sustaining a demurrer is an appealable order.
Whether deputy county clerks are immune from liability under Government Code section 821.6 for errors in court records leading to an arrest.

Disposition. Affirmed in part and dismissed in part.

Quotations verified verbatim against the opinion

“An order sustaining or overruling a demurrer is not appealable.”

“A public employee is not liable for injury caused by his instituting or prosecuting any judicial or administrative proceeding within the scope of his employment, even if he acts maliciously and without probable cause.”

“Since the defendant clerks are immune under the two relevant code sections, the demurrer was properly sustained.”

KINGSLEY, J.

Plaintiff appeals from an order of dismissal based on an order sustaining a demurrer without leave to amend, and from the order sustaining the demurrer without leave to amend.

Prom plaintiff’s second amended complaint, it appears that plaintiff was found guilty of a crime on June 8, 1965, and was granted probation for one year on condition that he pay a fine of $300, plus a penalty assessment or serve 30 days in the county jail. In lieu of paying the fine, the plailitiff served the 30-day sentence. On August 5, 1965, a defendant, Benjamin K. Cheney, deputy Los Angeles County clerk, omitted to correctly inform the judge that plaintiff had served a 30-day sentence in lieu of paying the fine. James K. Henderson, a deputy Los Angeles County clerk, failed to keep proper records of the proceedings in which plaintiff elected to serve 30 days as an alternative. As a result of this James K. Henderson “caused” the issuance of a warrant for arrest and plaintiff was arrested on September 4, 1965, and placed in the county jail. Plaintiff was released on September 15, 1965. after it appeared that he had already served a 30-day sentence for that crime.

A cause of action was filed against Los Angeles County, William G. Sharp, county clerk, Peter J. Pitchess, sheriff, James Henderson and Does One to Twenty, inclusive, for false imprisonment and negligence. A demurrer was sustained and plaintiff filed an amended complaint for false imprisonment and negligence. A demurrer was again sustained and plaintiff filed a second amended complaint for negligence only against the County of Los Angeles. James K. Henderson, deputy clerk of Superior Court for Los Angeles County, Benjamin K. Cheney, deputy clerk for Los Angeles County,

[363]

Does One to Twenty, inelusive, Doe Municipal Corporations One to Twenty, inclusive, and Doe Corporations One to Twenty, inelusive. The demurrer was sustained on the ground of no cause of action being stated by reason of Government Code sections 815.2, subdivision (b), and 821.6.

Plaintiff appealed from the order sustaining the demurrer without leave to amend and from the judgment of dismissal sustaining the demurrer without leave to amend. An order sustaining or overruling a demurrer is not appealable.

Watson v. County of Los Angeles

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KINGSLEY, J.

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