Smith v. Dept. of Corrections
The trial court sustained the demurrer of defendants California Department of Corrections and Rehabilitation (CDCR) and Anthony Kaestner to a complaint filed by plaintiff Lawrence Smith on December 10, 2013, on the grounds the action was not commenced within the statutory period and the CDCR has immunity under Government Code section 845.8, subdivision (a). The complaint alleged causes of action for intentional tort and negligence premised on allegations that defendants paroled one Joseph Kidd, and issued Kidd a parole identification card in Smith’s name. Defendants issued the parole identification card to Kidd in 2007, and Smith learned that Kidd had stolen his identity in early 2011.
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