Dickerson v. Dept. of Corrections and Rehabilitati
Plaintiff, a prison inmate, brought this action against the Department of Corrections and Rehabilitation (CDCR) and its personnel, alleging defendants failed to initiate the process to have him considered by the trial court for a recall of his sentence and resentencing under Penal Code section 1170, subdivision (d)(1). Defendants demurred to the first amended complaint, and the trial court sustained the demurrer without leave to amend, finding plaintiff’s claims were barred by governmental immunity. We conclude plaintiff’s first amended complaint failed to state a viable cause of action against any defendant, and plaintiff has not demonstrated his pleading could be amended to cure the defects. Accordingly, we affirm the judgment against him.
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