On January 27, 2023 a
10-24-23 Sanchez Proposed Order.nmg
was filed
involving a dispute between
Gildardo Sanchez,
and
Warden L. Martinez,
for Other Petition (Not Spec) Unlimited (43)
in the District Court of Monterey County.
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1 ROB BONTA
Attorney General of California
2 JEFFREY T. FISHER Exempt from filing fees –
Supervising Deputy Attorney General Government Code, § 6103
3 NATHAN GUERRERO
Deputy Attorney General
4 State Bar No. 345771
455 Golden Gate Avenue, Suite 11000
5 San Francisco, CA 94102-7004
Telephone: (415) 510-3494
6 E-mail: Nathan.Guerrero@doj.ca.gov
Attorneys for Defendant L. Martinez
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8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 COUNTY OF MONTEREY
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GILDARDO SANCHEZ, Case No. 23CV000277
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Plaintiff, [PROPOSED] ORDER SUSTAINING
14 DEMURRER TO PLAINTIFF’S
v. COMPLAINT WITH LEAVE TO
15 AMEND
16 L. MARTINEZ, Warden,
17 Defendant.
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19 Defendant Martinez demurred to Plaintiff Sanchez’s complaint on April 14, 2023, on the
20 grounds that Plaintiff failed to plead facts establishing compliance with the Government Claims
21 Act and failed to plead facts sufficient to establish a negligence claim. Defendant Martinez also
22 contended that he is statutorily immune from liability in this suit. Plaintiff filed an opposition on
23 August 25, and Defendant replied on October 12, 2023.
24 On October 20, 2023, at 8:30 a.m., Defendant’s demurrer came on for hearing before the
25 Honorable Vanessa W. Vallarta in Department 13A of the above-titled court, located at 1200
26 Aguajito Road, Monterey, California 93940. Deputy Attorney General Nathan Guerrero appeared
27 by videoconference on behalf of Defendant Martinez. Plaintiff also appeared remotely on his own
28 behalf through the same videoconference software.
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[Proposed] Order Sustaining Def.’s Demurrer to Pl.’s Compl. (23CV000277)
1 The Court, having read and considered Defendant’s demurrer and supporting memorandum
2 of points and authorities, and having heard and considered the oral arguments of the parties, finds
3 and orders that Plaintiff has not presented a proper claim under the Government Claims Act
4 before filing suit (Gov’t Code § 946.4).
5 IT IS HEREBY ORDERED that Defendant’s demurrer be SUSTAINED WITH LEAVE
6 TO AMEND. Plaintiff must file an amended complaint within 60 days from the date of the
7 hearing, or by December 19, 2023, that addresses the claims requirement.
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10 Dated: __________________________ ______________________________
11 The Honorable Vanessa W. Vallarta
12 SF2023400669; 43931700.docx
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[Proposed] Order Sustaining Def.’s Demurrer to Pl.’s Compl. (23CV000277)
Document Filed Date
November 09, 2023
Case Filing Date
January 27, 2023
Category
Other Petition (Not Spec) Unlimited (43)
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1 ROB BONTA Attorney General of California 2 JEFFREY T. FISHER Exempt from filing fees – Supervising Deputy Attorney General Government Code, § 6103 3 NATHAN GUERRERO Deputy Attorney General 4 State Bar No. 345771 455 Golden Gate Avenue, Suite 11000 5 San Francisco, CA 94102-7004 Telephone: (415) 510-3494 6 E-mail: Nathan.Guerrero@doj.ca.gov Attorneys for Defendant L. Martinez 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF MONTEREY 10 11 12 GILDARDO SANCHEZ, Case No. 23CV000277 13 Plaintiff, [PROPOSED] ORDER SUSTAINING 14 DEMURRER TO PLAINTIFF’S v. COMPLAINT WITH LEAVE TO 15 AMEND 16 L. MARTINEZ, Warden, 17 Defendant. 18 19 Defendant Martinez demurred to Plaintiff Sanchez’s complaint on April 14, 2023, on the 20 grounds that Plaintiff failed to plead facts establishing compliance with the Government Claims 21 Act and failed to plead facts sufficient to establish a negligence claim. Defendant Martinez also 22 contended that he is statutorily immune from liability in this suit. Plaintiff filed an opposition on 23 August 25, and Defendant replied on October 12, 2023. 24 On October 20, 2023, at 8:30 a.m., Defendant’s demurrer came on for hearing before the 25 Honorable Vanessa W. Vallarta in Department 13A of the above-titled court, located at 1200 26 Aguajito Road, Monterey, California 93940. Deputy Attorney General Nathan Guerrero appeared 27 by videoconference on behalf of Defendant Martinez. Plaintiff also appeared remotely on his own 28 behalf through the same videoconference software. 1 [Proposed] Order Sustaining Def.’s Demurrer to Pl.’s Compl. (23CV000277) 1 The Court, having read and considered Defendant’s demurrer and supporting memorandum 2 of points and authorities, and having heard and considered the oral arguments of the parties, finds 3 and orders that Plaintiff has not presented a proper claim under the Government Claims Act 4 before filing suit (Gov’t Code § 946.4). 5 IT IS HEREBY ORDERED that Defendant’s demurrer be SUSTAINED WITH LEAVE 6 TO AMEND. Plaintiff must file an amended complaint within 60 days from the date of the 7 hearing, or by December 19, 2023, that addresses the claims requirement. 8 9 10 Dated: __________________________ ______________________________ 11 The Honorable Vanessa W. Vallarta 12 SF2023400669; 43931700.docx 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 [Proposed] Order Sustaining Def.’s Demurrer to Pl.’s Compl. (23CV000277)