FLORES v. CITY OF SOUTH GATE
Court of Appeals of California, Second District, Division One.
Filed May 25, 2012.
C. Intentional Infliction Of Emotional Distress
Finally, Flores alleges that the conduct of Colon and the City described above "was malicious, despicable, and extreme and outrageous" and done with the intent to, and did, in fact, cause Flores emotional distress resulting in pain and suffering and medical bills.DISCUSSIONI. STANDARD OF REVIEW
When a demurrer is sustained without leave to amend we review the complaint de novo to determine whether, liberally construed, it states a cause of action under any conceivable theory, or could be amended to do so. (Code Civ. Proc., § 452, Nutmeg Securities, Ltd. v. McGladrey & Pullen (2001) 92 Cal.App.4th 1435, 1441.)
As we shall explain below, the trial court erred in sustaining the demurrer to Flores's cause of action under the federal Civil Rights Act, 42 U.S.C. section 1983, because the complaint alleges invidious discrimination against him in the enforcement of city ordinances and neither the doctrine of sovereign immunity or exhaustion of judicial remedies applies here. The court properly sustained the demurrers to the other causes of action.II. FLORES STATES A CAUSE OF ACTION UNDER 42 U.S.C. SECTION 1983 FOR VIOLATION OF HIS RIGHT TO BE FREE FROM DISCRIMINATORY ENFORCEMENT OF CITY ORDINANCES.