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REGAN v. PRICE

No. C047980.

33 Cal.Rptr.3d 130 (2005)

131 Cal.App.4th 1491

Jerome J. REGAN, Plaintiff and Appellant, v. David L. PRICE, Defendant and Respondent.

Court of Appeals of California, Third District.

August 17, 2005.

Attorney(s) appearing for the Case

Robert D. Kingslan, Temecula; McDonough Holland & Allen and Ann Taylor Schwing, Sacramento, for Plaintiff and Appellant.

Bill Lockyer, Attorney General, Darryl L. Doke and Jill Buttram Scally, Deputy Attorneys General, for Defendant and Respondent.

BUTZ, J.

This case presents the issue of whether a judicial officer enjoys absolute immunity from civil liability for assaulting and battering a litigant. We conclude that he does not and shall reverse.

FACTUAL AND PROCEDURAL BACKGROUND

This is an appeal from a judgment following the sustaining of a demurrer without leave to amend. Accordingly, we summarize, and are required to accept as true, all...

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