Silva v. Langford CA2/7
Plaintiffs Marakkalage Tharal D. Silva and Shirin Ramesha Silva (the Silvas) appeal from a judgment of dismissal entered as to defendants State of California, acting by and through the California Highway Patrol (CHP), and CHP Sergeant Richard Scott Langford (together, the CHP defendants), after the trial court sustained without leave to amend the CHP defendants’ demurrers to the Silvas’ first amended complaint. The Silvas asserted on behalf of their deceased son Danuka Neshantha Silva claims for negligence and wrongful death after Langford’s patrol car struck and killed Danuka while Langford was responding to an emergency call concerning an altercation on the freeway. The trial court found the claims against the CHP defendants were barred by investigative immunity conferred under Government Code section 821.6 (section 821.6).
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