Sangster v. San Bernadino County Sherrif Dept.
On December 14, 2010, plaintiff and appellant Lumbsden A. Sangster filed an amended complaint for malicious prosecution, emotional distress, general negligence, intentional tort, and premises liability against defendant and respondent San Bernardino County Sheriff Department. Sangster alleged police misconduct in responding to and investigating an incident on January 7, 2007. Defendant demurred on the grounds that Sangster failed to comply with the Government Tort Claims Act (Gov. Code,[1] § 810 et seq.). The trial court sustained the demurrer without leave to amend, and judgment of dismissal was entered.
On appeal, Sangster contends the trial court erred in ruling his claims were time barred. He also asserts that the court should have granted leave to file a second amended complaint rather than sustaining defendant’s demurrer without leave to amend. We conclude the face of Sangster’s amended complaint, along with the attached documents, establishes as matter of law that his complaint and underlying government claims were untimely. In addition, he has not established that he is able to amend his amended complaint successfully. We therefore affirm the judgment.
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