Opinion

Fetterley v. Brown

  • 204 Cal. 386
  • 268 P. 643
  • 1928 Cal. LEXIS 690
Court
California Supreme Court
Filed
Jun 19, 1928
Status
Published
Author
Tyler
On the bench
Tyler
Cited by
0 cases

The opinion

TYLER~ J., pro tern.

Appeal from a judgment after the sustaining of demurrers to an amended complaint without leave to amend in an action for damages for malicious prosecution. The plaintiff appears

in propria persona

and by his complaint he attempts to allege that all the defendants entered into a conspiracy to imprison him in a California state hospital for the insane, such conspiracy being without reasonable or probable cause. It appears therefrom that the arrest of the plaintiff and his subsequent confinement were based on the representations of defendant Brown, a deputy parole officer, which representations were to the effect that plaintiff was insane. Defendant Johnson is designated as a deputy sheriff and the other defendants as physicians connected with the county hospital of Los Angeles and the California State Hospital for the insane at Patton, all of whom, it is alleged, maliciously testified that plaintiff was insane upon an official hearing had to determine the mental condition of plain-tiff. The demurrers were rightfully sustained. Aside from

*387

other objectionable features the complaint carries no averment showing how or in what manner plaintiff suffered damage by the alleged acts of the defendants.

The complaint being patently deficient on its face the judgment sustaining the demurrer was proper and it should be and is hereby affirmed.

Shenk, J., and Richards, J., concurred.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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