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Finch Aerospace Corp. v. City of San Diego

California Court of Appeals, Fourth District, First Division

February 24, 2017

FINCH AEROSPACE CORPORATION, Plaintiff and Appellant,
v.
CITY OF SAN DIEGO, Defendant and Respondent

          APPEAL from a judgment of the Superior Court of San Diego County, No. 37-2015-00031990- CU-OR-CTL, John S. Meyer, Judge.

          Affirmed.

Page 1249

          COUNSEL

         LiMandri & Jonna, Charles S. LiMandri, Paul M. Jonna and Jeffrey M. Trissell, for Plaintiff and Appellant.

         Jan I. Goldsmith and Mara W. Elliott, City Attorneys, Daniel F. Bamberg, Assistant City Attorney, and M. Travis Phelps, Deputy City Attorney, for Defendant and Respondent.

         McConnell, P. J., with Huffman, J., and Aaron, J., concurring.

          OPINION

Page 1250

          [214 Cal.Rptr.3d 629] McCONNELL, P. J.

         I

         INTRODUCTION

         This case requires us to determine whether the immunities in Government Code[1] 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.

         II

         BACKGROUND

...


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