Pagtakhan v. Black Pants
We consolidated these two appeals by plaintiff Marlon Estacio Pagtakhan, who has appealed from separate orders in favor of defendants Black Pants, Inc. and Chuck Witt dismissing his complaint for damages against them. The dismissals were entered on ex parte applications after plaintiff failed to file an amended complaint within the period granted by the trial court when it sustained demurrers to the complaint.
Plaintiff has at all times acted in propria persona while being lodged at Napa State Hospital. On December 9, 2008, he filed a complaint with 18 causes of action against seven defendants, including Black Pants and Witt. The specific causes of action and the alleged details supporting them are not germane to the issues before us, and thus need not be summarized at length. Suffice to say it appears that the claims stem from plaintiffs attendance at a wrestling camp conducted in a gym in Hayward, and what ensued thereafter, culminating in plaintiffs arrest by Witt, a police officer for the City of Burlingame. It further appears that Black Pants was also involved, although whether its role was supervisory or merely participatory cannot be established with certainty.
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