Associate Damon Thurston successfully disposed of an interesting case at the pleadings stage via demurrer. In that case, Beauchamp v. City and County of San Francisco, et al. (San Francisco County Superior Court Case No. CGC-20-581951), Plaintiff contended Defendants were negligent, causing personal injury. In particular, Plaintiff contended he discovered that he was the subject of a murder plot in Berkeley California, and Defendants failed to protect him. Plaintiff contended that, once he learned that persons planned to murder him, Defendants failed to protect him and instead specifically engaged in the plan to murder Plaintiff at Park Merced. He also contended Defendants further breached their duty of care to Plaintiff when he was robbed, defrauded, and swindled. Lastly Plaintiff contended Defendants negligently participated in the Copy Cat murder for hire scheme and attempted to kill Plaintiff with a killing machine, which further resulted in Plaintiff’s development of PTSD. Mr. Thurston argued that the Complaint failed to state facts sufficient to constitute against his client. The Court agreed, and sustained the demurrer without leave to amend, thereby dismissing Plaintiff’s case.
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