California Court of Appeal

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Hernandez v. City of Pomona, B182437

In a case involving the shooting by police of decedent while fleeing arrest, sustaining of demurrer without leave to amend in favor of defendants police officers and city is reversed to allow amendment to allege cause of action for negligence where police officers cannot escape liability for negligence if they put themselves unnecessarily in harm-s way and must then shoot their way out of it.

Appellate Information

  • Decided 12/06/2006
  • Published 12/06/2006

Judges

  • JOHNSON, J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Moreno, Becerra, Guerrero & Casillas, Danilo J. Becerra, Montebello, and Lizette V. Espinosa for Plaintiffs and Appellants.

  • For Appellees:
  • Alvarez-Glasman & Colvin and Roger A. Colvin, West Covina, and Sean M. Beehler for Defendants and Respondents.
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