Evangeline v. Port SanLuisHarbor Dist.
"Ruby Tuesday" was a boat. It was beached in a storm. Marlene Evangeline appeals from the judgment entered after the trial court sustained respondents' demurrer to her first amended complaint without leave to amend. Evangeline contends that the District violated the United States and California Constitutions and mandatory duties contained in the District's Code of Ordinances by requiring her to launch an unseaworthy vessel and then failing to remove it from the harbor during a storm in October 2004, when the boat ran aground.
The trial court ruled that Evangeline's complaint failed to allege breach of mandatory statutory duty by the District (Gov. Code, 815.6) and that she signed a release of liability precluding recovery of damages against the District. Court agree and affirm.
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