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LEYVA v. NIELSEN

No. E025774.

100 Cal.Rptr.2d 231 (2000)

83 Cal.App.4th 1061

Ricardo LEYVA, Plaintiff and Appellant, v. Jim NIELSEN, as Chairman, etc., Defendant and Respondent.

Court of Appeals of California, Fourth District, Division Two.

Review Denied January 10, 2001.

Attorney(s) appearing for the Case

Ricardo Leyva, in pro. per., for Plaintiff and Appellant.

Bill Lockyer, Attorney General, Margaret A. Rodda, Senior Assistant Attorney General, Richard J. Rojo, Supervising Deputy Attorney General, and Raymond L. Fitzgerald, Deputy Attorney General, for Defendant and Respondent.

OPINION

HOLLENHORST, Acting P.J.

Plaintiff Ricardo Leyva, a prison inmate, filed this personal injury action against Jim Nielsen, Chairman of the Board of Prison Terms. The trial court sustained a demurrer to the complaint and plaintiff Leyva appeals.

STANDARD OF REVIEW

"Where a trial court sustains a demurrer without leave to amend, we review such action under the abuse of discretion standard. [Citation.] If there is a reasonable...

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