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HAYES v. STATE OF CALIFORNIA

Docket No. L.A. 30253.

11 Cal.3d 469 (1974)

521 P.2d 855

113 Cal. Rptr. 599

THOMAS MARTIN HAYES, a Minor, etc., et al., Plaintiffs and Appellants, v. THE STATE OF CALIFORNIA et al., Defendants and Respondents.

Supreme Court of California. In Bank.

May 10, 1974.

Attorney(s) appearing for the Case

COUNSEL

John K. Trotter, Jr., Albertini, Murphy & Gill, Kenneth J. Murphy, Jr., and Getz, Aikens & Manning for Plaintiffs and Appellants.

Evelle J. Younger, Attorney General, N.B. Peek, Michael J. Strumwasser and Mary Anna Henley, Deputy Attorneys General, Benton, Orr, Duval & Buckingham, Edwin Duval, James T. Sherren, Jr., Archbald, Zelezny & Spray, Schramm, Raddue & Seed, Dale E. Hanst and Frederick W. Montgomery for Defendants and Respondents.

Harry S. Fenton, Joseph A. Montoya, Robert L. Meyer and Robert W. Vidor as Amici Curiae on behalf of Defendants and Respondents.

OPINION

CLARK, J.

After sustaining demurrers without leave to amend plaintiffs' original complaint, the trial court entered judgment of dismissal. Plaintiffs appeal.

On the evening of 4 July 1970, Thomas Hayes (age 20) and Thomas Dolan (age unknown) entered a beach on the campus of the University of California at Santa Barbara. While asleep in the night, they were attacked and beaten...

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