Hedges v. City of Los Angeles CA2/2

Filed 2/13/14 Hedges v. City of Los Angeles CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

MARK HEDGES, B240475

Plaintiff and Appellant, (Los Angeles County Super. Ct. No. EC056010) v.

CITY OF LOS ANGELES,

Defendant and Respondent.

APPEAL from a judgment of the Superior Court of Los Angeles County. David S. Milton, Judge. Reversed and remanded.

Mark Hedges, in pro. per., for Plaintiff and Appellant.

Mike Feuer, City Attorney, Kjehl T. Johansen, Deputy City Attorney, for Defendant and Respondent.

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Plaintiff and appellant, Mark Hedges, sued defendant and respondent the City of Los Angeles for damages after he was detained pursuant to Welfare and Institutions Code sections 51501 and 5250.2 Respondent’s demurrer was sustained without leave to amend, with the trial court finding that appellant’s failure to comply with the Government Tort Claims Act (Gov. Code, § 900, et seq.) barred all of his causes of action. Because we find that appellant has demonstrated a reasonable possibility of amending his complaint to allege an action under 42 United States Code section 1983 (section 1983), we reverse the judgment.

1 Welfare and Institutions Code section 5150 provides: “When any person, as a result of mental disorder, is a danger to others, or to himself or herself, or gravely disabled, a peace officer, member of the attending staff, as defined by regulation, of an evaluation facility designated by the county, designated members of a mobile crisis team provided by Section 5651.7, or other professional person designated by the county may, upon probable cause, take, or cause to be taken, the person into custody and place him or her in a facility designated by the county and approved by the State Department of Social Services as a facility for 72-hour treatment and evaluation. [¶] The facility shall require an application in writing stating the circumstances under which the person’s condition was called to the attention of the officer, member of the attending staff, or professional person, and stating that the officer, member of the attending staff, or professional person has probable cause to believe that the person is, as a result of mental disorder, a danger to others, or to himself or herself, or gravely disabled. If the probable cause is based on the statement of a person other than the officer, member of the attending staff, or professional person, the person shall be liable in a civil action for intentionally giving a statement which he or she knows to be false.” 2 Welfare and Institutions Code section 5250 provides, in relevant part: “If a person is detained for 72 hours . . . and has received an evaluation, he or she may be certified for not more than 14 days of intensive treatment related to the mental disorder . . . under the following conditions: [¶] (a) The professional staff of the agency or facility providing evaluation services has analyzed the person’s condition and has found the person is, as a result of mental disorder . . . a danger to others, or to himself or herself, or gravely disabled.”