Kanarek v. Davidson

Opinion

TAMURA, J.

Plaintiff filed an action for damages under the federal Civil Rights Act (42 U.S.C. § 1983 1 ) against named and unnamed Riverside County sheriff’s deputies and agents of the Franchise Tax Board for alleged deprivation of property without due process of law. The demurrer of the sheriff’s deputies on the ground that the complaint failed to state facts sufficient to constitute a cause of action was sustained without leave to amend and plaintiff appeals from the ensuing judgment of dismissal. 2

In reviewing a ruling on a demurrer, all material facts properly pleaded must be…