Altamirano v. County of Los Angeles3/3/2003
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
Plaintiff filed this action against the County of Los Angeles and others, alleging a federal civil rights claim and state claims arising out of a citation for contempt of court in another proceeding. In the present case, the trial court sustained defendants' demurrer without leave to amend, finding that the causes of action were barred by the statute of limitations. For that reason and others, we agree with the trial court and affirm.
I. BACKGROUND
The allegations of the complaint and a review of court records, of which we have taken judicial notice, show as follows.
On or about May 24, 2000, plaintiff received a traffic citation for operating a taxi without a permit. (See Veh. Code, § 27908, subd. (a)(1).) On June 7, 2000, plaintiff appeared in the Burbank Municipal Court to contest the citation. He was found guilty and assessed a fine of $76. Later that day or the following day, plaintiff returned to court and requested community service in lieu of the fine. The court granted the request. Plaintiff went back a short time later and asked the court to reinstate the fine. The court did so.
As plaintiff was leaving the courtroom, he allegedly made a hand gesture - the "finger" - to the bailiff, Deputy Sheriff Sandy Capps. Plaintiff was cited for contempt and spent three days in jail. On or about June 10, 2000, he posted $500 bail and was released. On June 20, 2000, the contempt citation was dismissed and bail was exonerated.
On August 1, 2000, plaintiff, in propria persona, filed a claim with the County of Los Angeles under the California Government Claims Act (Gov. Code, § 810 et seq.). Plaintiff alleged that from the day of his birth (September 16, 1961) to the day he filed the claim (August 1, 2000), Los Angeles County Deputy sheriffs had physically assaulted, attacked, and battered him while he was in and out of custody. As witnesses to his injury, plaintiff listed the federal government, the Federal Bureau of Investigation, and television stations. Plaintiff estimated that his damages, past and future, were $14 trillion.
On March 7, 2001, the county informed plaintiff by letter that it had denied his claim. The letter stated that plaintiff had six months within which to file a civil action against the county.
On March 21, 2001, plaintiff filed an amended claim under the Government Claims Act, seeking to add Deputy Capps as a party. By letter dated April 19, 2001, the county denied the claim.
On May 1, 2001, plaintiff filed an application with the county requesting leave to file a late claim, asserting that his mental, emotional, and financial problems had caused the amended claim to be filed late. On May 3, 2001, the county denied plaintiff's application.
On June 21, 2001, plaintiff, appearing in propria persona, filed this action against the County of Los Angeles, the Los Angeles County Sheriff's Department, and Deputy Capps, alleging causes of action for violation of civil rights (gender and race discrimination), abuse of process, false arrest, malicious prosecution, and invasion of privacy. All of the causes of action were based on the events that took place at the municipal court from June 7 to June 20, 2000. Attached to the complaint, and incorporated by reference, was the August 1, 2000 claim form plaintiff had filed with the
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