Silva v. City of Merced CA5

Filed 5/27/22 Silva v. City of Merced CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

HELIODORO A. SILVA, F082684 Plaintiff and Appellant, (Super. Ct. No. 20CV-02515) v.

CITY OF MERCED, OPINION Defendant and Respondent.

THE COURT* APPEAL from a judgment of the Superior Court of Merced County. Timothy W. Salter, Judge. Heliodoro A. Silva, in pro. per, for Plaintiff and Appellant. Allen, Glaessner, Hazelwood & Werth, Kevin P. Allen and Lori A. Sebransky, for Defendant and Respondent. -ooOoo-

* Before Smith, Acting P. J., Snauffer, J. and DeSantos, J.

Appellant Heliodoro Silva, an inmate serving two consecutive life terms, filed this civil suit for damages against the City of Merced in connection with his prior criminal case. The civil complaint alleged (1) the prosecutor and investigating detective involved in his prior criminal case, along with a judge who denied his petition for writ of habeas corpus challenging his criminal convictions, wrongfully conspired to secure and uphold his convictions, and (2) the investigating detective discriminated against him by punching him in the stomach to obtain a false confession. The trial court sustained the City of Merced’s demurrer without leave to amend. We affirm. FACTS AND PROCEEDINGS On September 2, 2020, plaintiff and appellant, Heliodoro Silva, filed a civil complaint in the Merced County Superior Court against Superior Court Judge Jeanne Schechter, the City of Merced, the County of Merced, a county prosecutor (Matthew Serrato), and a police detective (Sam Sanchez). This appeal concerns the claims against the City of Merced. Silva stated in the complaint: “The Plaintiff is serving two consecutive life without the possibility of parole sentences for … aiding and abetting two murders, conviction[s] [dated] November 4, 2016.” He further noted: “Plaintiff … is actually and factually innocent.” (Unnecessary capitalization omitted.) The complaint was filed shortly after Judge Schechter denied, on May 11, 2020, a petition for writ of habeas corpus filed by Silva, challenging his convictions. The complaint included two causes of action. The first cause of action was for “civil conspiracy.” With respect to this cause of action, Silva alleged with reference to his prior convictions, that the prosecutor, investigating detective, and Judge Schechter had conspired to secure and uphold his convictions. He further alleged that, as part of the conspiracy, the investigating detective had punched him in the stomach to coerce him into giving a false confession. Silva also alleged that, as part of the conspiracy, the prosecutor played at his criminal trial, a recording of his confession that omitted evidence