Macias v. County of Los Angeles

Full title: TRINIDAD MACIAS, Plaintiff and Appellant, v. COUNTY OF LOS ANGELES et al.…

Court: California Court of Appeals, Second District, First Division

Date published: Nov 17, 2006

No. B182831 (Cal. Ct. App. Nov. 17, 2006)

Opinion

Page 935e

144 Cal.App.4th 935e __ Cal.Rptr.3d __ TRINIDAD MACIAS, Plaintiff and Appellant, v. COUNTY OF LOS ANGELES et al., Defendants and Respondents. B182831 California Court of Appeal, Second District, First Division November 17, 2006

Super. Ct. No. VC 040762, Brian F. Gasdia, Judge

[CERTIFIED FOR PARTIAL PUBLICATION ]

THE COURT.

IT IS ORDERED that the opinion filed herein on October 27, 2006 (144 Cal.App.4th 313; __ Cal.Rptr.3d __), be modified in the following particulars:

On page 14 [144 Cal.App.4th 325, advance report, in the unpublished portion], in the third full paragraph of the typed opinion, the first two sentences (beginning with "Government Code," retaining its citations and ending with "negligence") are deleted, and in their place the following, so that it now reads:

Government Code section 821.6 provides immunity for malicious prosecution. (Sullivan v. County of Los Angeles (1974) 12 Cal.3d 710, 719-720 [117Cal.Rptr. 241]; see also Asgari v. City of Los Angeles (1997) 15 Cal.4th 744, 752 [63 Cal.Rptr.2d 842].) It does not immunize the individual defendants against Macias’ claims for battery, false imprisonment, intentional infliction of emotional distress, and negligence.

This modification does not have an effect on the judgment.

The petition for rehearing is denied.