Caravayo v. James
Plaintiff Mitchell A. Caravayo is a pro se litigant in the custody of the California Department of Corrections and Rehabilitation (CDCR). Caravayo filed a negligence action against Dr. Glen James and other defendants. The trial court sustained Dr. James's demurrer to Caravayo's first amended complaint and Caravayo was given leave to amend. Caravayo failed to amend, the trial court dismissed his case, and Caravayo appealed.
On appeal, Caravayo raises several arguments attacking the dismissal of his case and the trial court's ruling on the demurrer. We ultimately conclude the trial court properly dismissed Caravayo's case against Dr. James, the only demurring defendant. We also conclude, however, that the trial court should not have dismissed Caravayo's case as to the remaining defendants. We affirm the dismissal as to Dr. James and remand for further proceedings.
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