Rogozienski v. Allen
In their marriage dissolution proceeding, Shirley Rogozienski (Shirley), represented by defendant and respondent S. Michael Love, and plaintiff and appellant Frank E. Rogzienski (Frank) stipulated to the appointment of defendant and respondent James D. Allen as temporary judge. After judgment was rendered, Frank sought Allen's disqualification, alleging that during the proceeding Allen accepted but did not disclose the gift of a time-share interest in property from Love. Allen was found disqualified during that part of the proceeding following his acceptance of the gift and Frank was granted a new dissolution proceeding before a different judge. In the present case, Frank sued Allen and Love, alleging various tort causes of action as to both and a breach of contract cause of action as to Allen, all arising from the gift and based on claimed damages resulting from the isqualification and need for new proceedings. The trial court sustained without leave to amend Allen's demurrer on the basis of judicial immunity and Love's demurrer on the basis the complaint failed to state facts sufficient to constitute any alleged cause of action. Frank appeals. The judgment is reversed insofar as it sustained Love's demurrer to the second cause of action. It is reversed as to the seventh cause insofar as it sustained Love's demurrer with regard to the civil rights action alleged pursuant to 42 United States Code section 1983. It is sustained as to eleventh and twelfth causes of action but reversed as to the order foreclosing Frank from amending those causes of action. In all other respects the judgment is affirmed. Each party to bear its own costs on appeal.
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