Dunson v. State of California
Appellant, filed a wrongful death action against respondents, State of California and Corcoran State Prison, alleging that respondents were negligent in the care, diagnosis and treatment of appellants husband while he was a prisoner. At trial, respondents moved to first try their immunity defense under Government Code section 844.6 (a public entity is not liable for an injury to a prisoner). The trial court found respondents were immune and entered judgment in their favor. Appellants motion for a new trial was denied. This appeal is from the order denying appellants application to amend the complaint. Appellant contends the court erred in finding that the Doe defendants had already been implicitly dismissed by appellant when, at the case management hearing, she failed to advise the court that additional parties might be added.
As discussed below, the trial court did not err when it denied appellants application to amend her complaint. Accordingly, the order affirmed.
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