Zhang v. County of L.A. CA2/1

Filed 2/27/23 Zhang v. County of L.A. CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ONE

JEFF BAOLIANG ZHANG, B319492

Plaintiff and Appellant, (Los Angeles County Super. Ct. No. 21STCV27611)

v.

COUNTY OF LOS ANGELES et al.,

Defendants and Respondents.

APPEAL from the judgment of the Superior Court of Los Angeles County, Armen Tamzarian, Judge. Affirmed. Jeff Baoliang Zhang, in pro. per., for Plaintiff and Appellant. Collinson, Daehnke, Inlow & Greco and Laura E. Inlow for Defendants and Respondents.

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Plaintiff and appellant Jeff Baoliang Zhang appeals from a judgment dismissing with prejudice his lawsuit against defendants and respondents County of Los Angeles (erroneously sued as Los Angeles County Public Defender Office), Jonathan Petrak, and Rourke Stacy, after the court sustained a demurrer to Zhang’s operative complaint with leave to amend, and Zhang failed to file an amended complaint. We affirm.

FACTS AND PROCEEDINGS BELOW Zhang alleged the following facts in the operative complaint and/or they are reflected in documents of which we take judicial notice (see Evans v. City of Berkeley (2006) 38 Cal.4th 1, 6). On December 15, 2011, Zhang was engaged in a “peaceful protest before the Chinese communist consulate in [Los Angeles] because their agents had been heatedly after [him] for [his] life due to [his] pro-democracy writings about China.” Consulate staff “illegally removed [Zhang’s] protest signboards to the trash[ ]can,” whereupon Zhang, “[f]eeling [his] constitutional rights were violated by the Chinese communists, . . . fired some shots at the closed side[ ]door of the empty consulate building to express [his] strong protest.” Zhang was criminally charged. During his criminal proceedings, several different deputy public defenders represented him, including Petrak and Stacy. Petrak first represented Zhang in February of 2012. Petrak expressed doubt to the criminal court about Zhang’s mental competency to stand trial. This led to the mental health court conducting a competency hearing and concluding in March 2012 that Zhang was “mentally incompetent within the meaning of [s]ection 1368 of the Penal Code.” The court suspended criminal proceedings and ordered him committed to Patton State Hospital (PSH).