A California man’s legal battle against a city and its police department was dismissed after the court ruled that he failed to comply with procedural requirements. The complaint, filed by Kent Taylor in Santa Clara County on September 10, 2021, accused the City of Sunnyvale and Public Safety Officer Mary Cayori of unlawful detention and an unreasonable search during a theft investigation. The judgment of dismissal was issued after the trial court sustained the defendants' demurrer without leave to amend.
Kent Taylor, representing himself, initially filed his complaint alleging "intentional tort" and "fraud and intentional deceit" against the City of Sunnyvale, its Department of Public Safety, and several unnamed individuals. According to Taylor's complaint, on April 17, 2018, he was detained by Officer Cayori outside a grocery store in Sunnyvale following accusations from store employees that he had shoplifted. Despite showing his receipt and requesting that surveillance footage be reviewed, Taylor claimed that Cayori conducted an unauthorized search of his vehicle and detained him for approximately two hours.
In support of his allegations, Taylor attached a letter from the Department dated September 13, 2018. The letter acknowledged that Cayori had conducted an unreasonable search but exonerated her regarding the prolonged detention and dismissed claims of discourtesy as unfounded. However, when the City demurred to Taylor's original complaint citing insufficient facts and non-compliance with statutory requirements under the Government Claims Act, the court granted Taylor leave to amend.
Taylor's first amended complaint (FAC), filed on March 28, 2022, reiterated similar allegations but added Officer Cayori as a named defendant. Again failing to note compliance with claims statutes adequately or provide sufficient factual basis for his causes of action, the FAC faced another demurrer from the defendants. The trial court sustained this demurrer but allowed Taylor another opportunity to amend.
On September 8, 2022, Taylor submitted his second amended complaint (SAC), which included claims for "intentional tort" and "property damage due to negligent cause." However, it again failed to demonstrate compliance with the Government Claims Act or present new substantive facts. The defendants' subsequent demurrer argued these points successfully; thus, on January 17, 2023, the trial court sustained their demurrer without leave to amend.
Taylor contended on appeal that issue preclusion should prevent sustaining the demurrer without leave since he had previously been granted permission to amend his FAC. However, appellate judges found no merit in this argument. They affirmed that failure to comply with procedural requirements such as presenting a claim under the Government Claims Act before filing suit is grounds for dismissal.
The plaintiffs sought relief through damages for alleged unlawful detention and property damage due to an unreasonable search but were ultimately unable to meet procedural prerequisites necessary for their case against public entities.
Representing himself throughout these proceedings was Kent Taylor while legal representation for City of Sunnyvale included attorneys from respective law firms defending public entities in civil litigation cases. Presiding over this case were Judges Greenwood (P.J.), Bamattre-Manoukian (J.), and Wilson (J.). The case identification number is H051359.