Noble v. Smith CA2/5

Filed 5/28/13 Noble v. Smith CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIVE

SANDRA QUEEN NOBLE, B245548

Plaintiff and Appellant, (Los Angeles County Super. Ct. No. BC484160) v.

TIKA SMITH et al.,

Defendants and Respondents.

APPEAL from a judgment of the Superior Court of Los Angeles County, William F. Fahey, Judge. Affirmed. Sandra Queen Noble, in propria persona, for Plaintiff and Appellant. Law Offices of Torres & Brenner, Anita Susan Brenner and Leonard E. Torres for Defendants and Respondents.

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Sandra Queen Noble appeals from the judgment entered in favor of defendants and respondents Tika Smith, Phillip I. Browning, Michelle Callahan, and Los Angeles County Supervisor Zev Yaroslavsky, after the trial court sustained a demurrer without leave to amend. We affirm.

BACKGROUND

Noble filed the operative first amended complaint on July 30, 2012, against defendants and various other officials, alleging aggravated kidnapping in violation of Penal Code sections 207, 208, 209, and 209.5. The complaint makes reference to events occurring in 1984, when the county allegedly removed “babies” from Noble. The complaint lacks a coherent statement of its factual basis and is laced with profanity, name calling, and racial epithets. On August 28, 2012, defendants filed a demurrer relying on multiple subdivisions of Code of Civil Procedure section 430.10, asserting failure to allege facts stating a cause of action, immunity, ambiguity and uncertainty as to causes of action and remedies, running of the statute of limitations, and failure to comply with government claim requirements. Noble filed a motion to strike the demurrer on October 1, 2012. The three-page motion to strike contained no response to the legal arguments made by defendants in their demurrer. The trial court sustained the demurrer without leave to amend on October 15, 2012, and entered judgment for defendants. Noble filed a timely notice of appeal from the judgment on December 3, 2012.