Document for Charles J Berry vs Pope Valley Elementary Unified School District et al

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                                Timothy P. Murphy, State Bar No. 120920                                                      GC. §6103
            VilmaA. Lopez, State Bar No. 335453
            EDRINGTON, SCHIRMER & MURPHY
            2300 Contra Costa Boulevard, Suite 450
            Pleasant Hill, CA    94523-3936
            Telephone: (925) 827-3300
            Facsimile: (925) 827-3320

            Attomeys for Defendant
            NAPA COUNTY OFFICE OF EDUCATION

                                 SUPERIOR COURT OF THE STATE OF CALIFORNIA
                                               COUNTY OF NAPA



                                                                   Case No.: 19CV000733
       10   CHARLES BERRY
                                                                  DEFENDANT NAPA COUNTY OFFICE OF
       11                    Plaintiffs                           EDUCATIONS NOTICE OF DEMURRER
                                                                  AND DEMURRER TO PLAINITFF’S THIRD
       12             Vv.                                         AMENDED COMPLAINT:
       13   POPE VALLY UNION ELEMENTARY
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  Dv        SCHOOL; NAPA COUNTY OFFICE OF                          Date: June 4, 2024
a8     14   EDUCATION: and DOES 1 through 10,                      Time: 8:30 a.m.
            inclusive                                              Dept: A
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ZS                           Defendants.                           Complaint Filed: May 15, 2019
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aZo&                                                               Remittitur Filed: January 29, 2024
                                                                   Third Amended Complaint: February 14, 2022
60     17                                                          Trial Date: None
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       18   TO ALL PARTIES AND THEIR                 ATTORNEYS         OF RECORD:
       19             PLEASE TAKE NOTICE that on June 4, 2024, 2024 at 8:30 am., oras soon thereafterat

       20   the matter may be heard in DepartmentA of this Court, located
                                                                       at 825 Brown Street, Napa, CA.

       21   94559, Defendant Napa County Office of Education (“NCOE”) will and hereby does demurto

            Plaintiff’ s remaining cause of action after appeal, including the Fifth and Sixth Cause of action,

       23   within the operative Third Amended Complaint (“TAC”) filed by Plaintiff in the above-
       24   captioned matter on grounds that the claims fails to state facts sufficientto constitute
                                                                                                a cause of
       25   action.

       26             Before filing a demurrer, the demumring
                                                          party is requiredto meet and confer with the
       27   party
               who is subjectto demurrerto determine whether an agreement can be reached that would.

            solve the issues raised the demunrer. (Cal Civ. Proc. Section 430.41(a)). The parties met and.
                                                                   1
               Defendant Napa County Office of Education’ s Notice of Demurrer and Demunrerto Plaintiff’ s Third Amended
                                                               Complaint
discussed
                  on April 4, 2024, but reached an impasse regarding the issues raised in this demurrer.

            (Declaration of Vilma Lopez in support of Napa County Office of Education’ s Demurrerto

            Plaintiff’ s Third Amended Complaint.)

                   This Demunmer will be based
                                           upon this Notice of Demurrer
                                                                   and Demunrer, the

            Memorandum of Points and Authorities, the Declaration of Vilma Lopez in Support, and the

            Proposed Order, the pleadings on file with the Court, and oral argument
                                                                                if any.



            DATED: April 19, 2024                             EDRINGTON, SCHIRMER & MURPHY LLP


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                                                                        Timothy P. Murphy, Esq.
       12                                                               VilmaA. Lopez, Esq.
                                                                        Attomeys for Defendant
       13                                                               NAPA COUNTY OFFICE OF EDUCATION
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                                                                   2.
               Defendant Napa County Office of Education’ s Notice of Demurrer and Demunrerto Plaintiff’ s Third Amended
                                                               Complaint
DEMURRER

                     Defendant Napa County Office of Education (“NCOE”) hereby demunrers to the

            remaining Fifth and Sixth Cause of Action in Plaintiff CHARLES J BERRY’s                  (“Plaintiff”) Third

            Amended Complaint pursuant to Codeof Civil Procedure §430.10(e) and (f) on the grounds
                                                                                                that

            the Fifth and Sixth Cause of Action fail to state facts sufficientto support
                                                                                   any viable cause of

            action against NCOE.

                     WHEREFORE, NCOE respectfully requests that its Demunrerto Plaintiff’ s Complaint be

            sustained without leave to amend, with Judgment thereafter entered in favor of NCOE and against

            plaintiff,
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       11   DATED: April 19, 2024                              EDRINGTON, SCHIRMER & MURPHY LLP
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a8                                                                      Timothy P. Murphy, Esq.
       15                                                               VilmaA. Lopez, Esq.
                                                                        Attomeys for Defendant
ZS                                                                      NAPA COUNTY OFFICE OF EDUCATION
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                                                                    3
                Defendant Napa County Office of Education’ s Notice of Demurrer and Demunrerto Plaintiff’ s Third Amended
                                                                Complaint