 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Degrassi v. Cook11/30/2000
CERTIFIED FOR PUBLICATION
Affirmed.
STATEMENT OF THE CASE
Plaintiff and appellant Christine Degrassi, a former member of the Glendora City Council, sued defendants and respondents Sue Bauer, Albert Fishman, and Marshall Mouw, also members of the Glendora City Council, Arthur Cook, the City Manager, and Glendora Chief of Police, Paul Butler (the city defendants). In addition, she named the law firm of Burke, Williams and Sorensen as a defendant in its capacity as city attorney ("the law firm").
Degrassi's first amended complaint alleges in extensive detail that the city and law firm defendants excluded her from council meetings, deprived her of notice of meetings, denied her access to information, and generally discouraged, obstructed, and interfered with her participation as a city council person. A full explication of her pleading is simply unnecessary. In summary, Degrassi pleaded that the defendants' conduct was in "violation of her rights to Free Expression under Article I, Section 2 of the California Constitution, and a [second] related cause of action for civil conspiracy." The first amended complaint also purports to allege a third cause of action against the law firm for punitive damages for intentionally and maliciously violating Degrassi's constitutional right of freedom of expression.
The city defendants demurred on the grounds that article I, section 2 does not support a private cause of action for damages and, as a consequence, a cause of action for conspiracy to violate that constitutional provision does not lie.
On the same grounds as alleged in the first amended complaint, Degrassi filed a motion pursuant to Civil Code section 1714.10 to obtain leave to file a claim for civil conspiracy against the law firm defendant.
The trial court sustained the demurrer of the city defendants to both causes of action without leave to amend. In addition, the trial court denied Degrassi's petition to file a conspiracy claim against the law firm defendant, eliminating any further consideration of the second cause of action. On August 23, 1999, the trial court entered a judgment for the law firm defendant and, on September 22, 1999, entered judgment for the city defendants. Degrassi appeals from both judgments.
DISCUSSION
Constitutional Claim for Damages
On appeal from a judgment of dismissal after a demurrer is sustained without leave to amend, the appellate court will accept as true all facts alleged in the complaint as well as those that may be reasonably inferred. "The rules by which the sufficiency of a complaint is tested against a general demurrer are well settled. We not only treat the demurrer as admitting all material facts properly pleaded, but also `give the complaint a reasonable interpretation, reading it as a whole and its parts in their context.' [Citations.] [ ] If the complaint states a cause of action under any theory, regardless of the title under which the factual basis for relief is stated, that aspect of the complaint is good against a demurrer." (Quelimane Co. v. Stewart Title Guaranty Co. (1998) 19 Cal.4th 26, 38-39.)
Degrassi candidly and explicitly states the theory of her claims and clearly articulates the issue presented: "The central focus of this appeal revolves around the question of whether or not an individual may maintain a cause of action [for damages] for violation of rights guaranteed pursuant to Article I, Section 2 of the California Constitution."
The primary, if not exclusive, authority on which Degrassi relies is Laguna Publishing Co. v. Golden Rain Foundation (1982) 131 Cal.App.3d 816. There a divided court
Page 1 2 3 4 5 6 7 California Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|