TORRICELLAS VS
RIC1509979 DEMURRER
BURKHARDT
Tentative Ruling:
The Demurrer is sustained in its entirety as to Defendants Burkhardt and Dixon-Stamps. The
public employees are entitled to immunity for all tort causes of action under Govt. Code §821.6
because the chronos were created in preparation for administrative proceedings. The IPA does
not provide liability against individual public employees.
The demurrer to the 1st, 2nd, 3rd, 5th, 6th, 7th, 9th and 10th causes of action is also sustained
as to CDCR because the public entity is immune under Govt. Code §815.2(b) where the public
employees are immune under section 821.6.
Unless Plaintiff can articulate how the Complaint could be amended to allege facts that could
overcome these immunities, the demurrer is sustained without leave to amend.
It should be noted that the Court is ordering this tentat
Hearing Date
March 04, 2022
For full print and download access, please subscribe at https://www.trellis.law/.
TORRICELLAS VS
RIC1509979 DEMURRER
BURKHARDT
Tentative Ruling:
The Demurrer is sustained in its entirety as to Defendants Burkhardt and Dixon-Stamps. The
public employees are entitled to immunity for all tort causes of action under Govt. Code §821.6
because the chronos were created in preparation for administrative proceedings. The IPA does
not provide liability against individual public employees.
The demurrer to the 1st, 2nd, 3rd, 5th, 6th, 7th, 9th and 10th causes of action is also sustained
as to CDCR because the public entity is immune under Govt. Code §815.2(b) where the public
employees are immune under section 821.6.
Unless Plaintiff can articulate how the Complaint could be amended to allege facts that could
overcome these immunities, the demurrer is sustained without leave to amend.
It should be noted that the Court is ordering this tentat