Robinson v. County of Solano
Plaintiff appeals a judgment, dismissing his complaint against defendants County of Solano (County), and Solano County Deputy Sheriff Brian Cauwells. Before trial, the court struck plaintiffs cause of action pursuant to Civil Code section 52.1, on the ground that his tort claim filed with the County did not include sufficient information to encompass a section 52.1 claim. After a trial, the jury returned a defense verdict on plaintiffs assault cause of action, but failed to reach a verdict on his negligence claim. The trial court then directed a verdict in favor of defendants on the negligence claim, and entered judgment in their favor. Plaintiff now challenges the dismissal of his negligence cause of action and the striking of allegations stating a claim pursuant to section 52.1. Court uphold the dismissal of the negligence cause of action. But, Court conclude the judgment must be reversed and the matter remanded for further proceedings on the cause of action alleged pursuant to section 52.1.
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