Lane v. Dept. of Corrections
Court review a judgment of dismissal after demurrer, regarding the " Writ of Mandamus . . . and Motion for Summary Judgment" filed in 2005 in superior court by plaintiff and appellant Michael Anthony Lane (a California prison inmate). In his pleading (the complaint), Lane seeks relief against respondents California Department of Corrections and Rehabilitation (the Department) and Jeanne S. Woodford (together defendants) for their alleged mishandling of his claims regarding the sum of $797.60, representing reimbursement of amounts taken from his inmate trust account at another prison, to satisfy then-existing restitution orders, between 1995 and 2002. Previously, in 2004, Lane obtained a small claims court judgment in that amount, which was honored by defendants. (Lane v. Dept. of Corrections (Super. Ct. San Diego County, 2004, No. SC157217).)
Court agree with the trial court that the complaint fails to state any cognizable claim for relief and it is barred by section 116.710, subdivision (a). The demurrer was properly sustained without leave to amend.
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