gno.law

Hernandez v. Barton

California Court of Appeal · Civ. No. 24078 · 1959-12-22 · Published · 176 Cal. App. 2d 535 · 1 Cal. Rptr. 572 · 1959 Cal. App. LEXIS 1514

GEORGE HERNANDEZ v. J. D. BARTON

Area
civil

Analysis

No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.

Opinion

THE COURT.

In this action against a police officer of the city of Los Angeles for damages resulting from an alleged assault, summary judgment was entered in favor of defendant upon the ground that no claim had been filed, as some claims are required to be filed, under sections 363 and 376 of the city charter. Subsequent to this ruling it was decided in Davis v. Kendrick, 52 Cal.2d 517 [341 P.2d 673], that a policeman is not an officer of the city within the meaning of the sections of the charter which require the filing of claims when the suit is to be against officers of the city.

The judgment is reversed.

Cites, in this corpus