Joshua James Dandridge v. Annabel Hsuchai, et al.
Published: Sep. 22, 2017 | Filing Date: Feb. 25, 2016 |Case number: 16CV292019 Demurrer – Defense
Court
Santa Clara County Superior Court
Attorneys
Plaintiff
Gerald H. Scher
(Scher & Bassett)
Defendant
B. Lance Burrow
(Hartsukyer, Stratman & Williams-Abrego)
for David Chai, Annabel Hsuchai
Richard G. Grotch
(Coddington, Hicks & Danforth APC)
for City of Milpitas, Milpitas Police Dept.
Facts
Joshua Dandridge sued Annabel Hsuchai, in connection with an arrest that allegedly occurred on Aug. 15, 2015.
Contentions
PLAINTIFF'S CONTENTIONS: The Milpitas Police Dept. allegedly arrested plaintiff based on a false report filed by defendant and David Chai. The Chais claimed plaintiff threatened them with a gun. Plaintiff denied this allegation. Moreover, the police did not find any weapon in his possession. Plaintiff claimed the Chais knew they made false allegations in filing the report. Plaintiff sued the Chais and the police department, alleging a single cause of action for negligence. Plaintiff later amended the complaint, alleging general negligence against the police department and causes of action for false imprisonment and general negligence against the Chais.
DEFENDANTS' CONTENTIONS: The Chais filed a cross-complaint against the police department, seeking indemnity and contribution. They then filed a demurrer challenging plaintiff's allegations on grounds of litigation privilege.
Result
The court sustained the demurrer without leave to amend.
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390