Katona v. City and County of San Francisco





Filed 3/10/11 Katona v. City and County of San Francisco CA1/3




NOT TO BE PUBLISHED IN OFFICIAL REPORTS


California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.



IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION THREE

MARIO PATRICK KATONA, Plaintiff and Appellant, v. CITY AND COUNTY OF SAN FRANCISCO, Defendant and Respondent.

A127839 (City & County of San Francisco Super. Ct. No. CGC-09-485543)

Plaintiff Mario Patrick Katona, appearing in propria persona, appeals from a judgment entered in favor of defendant City and County of San Francisco (the city) on his complaint for damages arising out of injuries Katona suffered while he was an inpatient at the city's psychiatric facility. The city obtained judgment on the pleadings on the ground that as a public entity it is immune from liability for Katona's injuries. Katona failed to properly oppose the motion in the trial court. On appeal, he argues, in addition to other things, that he should be granted leave to amend to allege an exception to the city's statutory immunity. We shall affirm.
Factual and Procedural Background
In February 2009, Katona filed a complaint for personal injury against the city. The complaint alleges that Katona suffered an â€