Legal Opinion

Mohlmann v. City of Burbank

California Court of Appeal

Decided April 11, 1986No. B015571PublishedCited by 11 opinions

1Opinion of the Court

Opinion

SHIMER, J. *

Plaintiff and appellant, James Mohlmann, appeals from a dismissal of his complaint against defendant and respondent, City of Burbank (City), and five of its police officers, after a demurrer to his complaint was sustained, and the complaint dismissed. The issue presented is whether the provisions of Government Code section 945.3 preventing arrestees from suing police and their employers for false arrest while criminal charges following the arrest are pending, nonetheless required the arrestee to file a claim under the California Tort Claims Act.

For the reasons hereinafter…

2Cases cited7 opinions

  1. Jaffe v. StoneCalifornia Supreme Court · 1941
  2. Balen v. Peralta Junior College DistrictCalifornia Supreme Court · 1974
  3. Rosefield Packing Co. v. Superior CourtCalifornia Supreme Court · 1935
  4. Myers v. County of OrangeCalifornia Court of Appeal · 1970
  5. Collins v. OwensCalifornia Court of Appeal · 1947

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3Cited by11 opinions

  1. Schmidlin v. City of Palo AltoCalifornia Court of Appeal · 2008
  2. Torres v. City of Santa AnaCourt of Appeals for the Ninth Circuit · 1997
  3. McAlpine v. Superior CourtCalifornia Court of Appeal · 1989
  4. Requa v. Regents of University of CaliforniaCalifornia Court of Appeal · 2012
  5. Central Valley Chapter of 7th Step Foundation, Inc. v. YoungerCalifornia Court of Appeal · 1989

6 more not listed; retrieve them via the Exa API.

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