Littlejohn-Zabel v. Toche CA5
Before the prison sentence of appellant Charles Gene Littlejohn-Zabel, Jr., was concluded, the Tuolumne County District Attorney (the District Attorney) filed a petition in the trial court to have appellant civilly committed under the Sexually Violent Predator Act (Welf. & Inst. Code, § 6600 et seq., SVPA). Appellant responded to the petition by filing an answer stating affirmative defenses as one might do in an ordinary civil lawsuit, and additionally, appellant presented a cross-complaint against certain state agencies and officials (collectively the State) for alleged disability discrimination in the provision of mental health services to appellant and other inmates. The District Attorney and the State each interposed demurrers to appellant’s answer and cross-complaint. The trial court sustained one of the main grounds raised for demurrer to the cross-complaint: namely, the cross-complaint was not a permissible pleading in special proceedings under the SVPA. In light of that dete
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