California Court of Appeals, Fourth District, First Division
from a judgment of the Superior Court of San Diego County,
No. 37-2015-00031990- CU-OR-CTL, John S. Meyer, Judge.
& Jonna, Charles S. LiMandri, Paul M. Jonna and Jeffrey M.
Trissell, for Plaintiff and Appellant.
Goldsmith and Mara W. Elliott, City Attorneys, Daniel F.
Bamberg, Assistant City Attorney, and M. Travis Phelps,
Deputy City Attorney, for Defendant and Respondent.
P. J., with Huffman, J., and Aaron, J., concurring.
Cal.Rptr.3d 629] McCONNELL, P. J.
case requires us to determine whether the immunities in
Government Code sections 818.8 and 822.2 apply to a
slander of title cause of action and, if not, whether Finch
Aerospace Corporation (Finch) otherwise adequately alleged a
slander of title cause of action against the City of San
Diego (City). We conclude the immunities in sections 818.8
and 822.2 do not apply to a slander of title cause of action.
We further conclude Finch did not otherwise adequately allege
a slander of title cause of action nor did Finch demonstrate
it could cure the [214 Cal.Rptr.3d 630] pleading deficiencies
by amendment. Therefore, we conclude the trial court did not
err in sustaining the City's demurrer to Finch's
complaint without leave to amend, and we affirm the judgment.