DAVIS v. KENDRICK

Docket No. L.A. 25433.

52 Cal.2d 517 (1959)

341 P.2d 673

ADA E. DAVIS et al., Appellants, v. R.R. KENDRICK, Respondent.

Supreme Court of California. In Bank.

July 10, 1959.


Attorney(s) appearing for the Case

Simmons & Simmons and Herbert W. Simmons, Jr., for Appellants.

Roger Arnebergh, City Attorney (Los Angeles), and William B. Burge, Deputy City Attorney, for Respondent.


GIBSON, C.J.

This action was brought to recover damages for wrongful death allegedly caused by an assault and battery committed by defendant policeman while engaged in his regularly assigned duties as a member of the police department of the city of Los Angeles. A summary judgment was entered in favor of defendant because plaintiffs had not filed a claim with the city clerk.

Section 376 of the Los Angeles City Charter provides that no suit shall be brought...

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