Solis v. City of Los Angeles

Filed 2/14/07  Solis v. City of Los Angeles CA2/4

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b).  This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FOUR

          APPEAL from a judgment of the Superior Court of Los Angeles County, David L. Minning, Judge.  Affirmed.

          Steven A. Lerman & Associates, Steven A. Lerman and Kenneth Townsend for Plaintiff and Appellant.

          Rockard J. Delgadillo, City Attorney, and Blithe S. Bock, Deputy City Attorney, for Defendant and Respondent City of Los Angeles.

          No appearance for Defendants and Respondents Budget Rent a Car System, Inc., La Juana Sheree Smith and Rigoberto Ruiz Chavez.

INTRODUCTION

          Appellant Salomon Venegas Solis sued respondent City of Los Angeles (City or respondent), Budget Rent a Car System, Inc. (Budget), La Juana Sheree Smith, and Rigoberto Ruiz Chavez, for injuries suffered when Smith's vehicle collided with Solis's parked car.  Respondent generally demurred to the first amended complaint (FAC) and the two causes of action naming respondent, claiming that the complaint failed to allege statutory liability or a special relationship between appellant and the police, and that respondent was immune from liability under Vehicle Code section 17004.7.[1]

          The trial court sustained the demurrers without leave to amend, and appellant appeals from the ensuing judgment of dismissal.  Appellant contends that the trial court erred in applying section 17004.7.  Without reaching the issue of immunity, we conclude that the FAC failed to state a valid cause of action, and we affirm the judgment.[2]

BACKGROUND

          Appellant Solis commenced this action October 13, 2004.  After demurrers were sustained with leave to amend, appellant filed his FAC naming respondent City and the other defendants.  The FAC alleged that on May 9, 2004, as appellant sat in his legally parked car, two Los Angeles police officers negligently operated a â€