Preview
Superior Court of California
County of Kern
Bakersfield Department 17
Date: 06/29/2020 Time: 8:30 AM - 12:00 PM
BCV-19-103339
CAMPBELL VS RIBERA
Courtroom Staff
Honorable: Thomas S. Clark Clerk: Linda K. Hall
Court reporter: Amy Maier Bailiff: Deputy Sheriff
Interpreter: Language of:
PARTIES:
Present:
CAMPBELL, DIMETIROUS Plaintiff Pro Per
CATES, B. Defendant, Not Present YOUNG, GREGORY LANE Attorney, Present
GUTIERREZ, J. Defendant, Not Present YOUNG, GREGORY LANE Attorney, Present
RIBERA, A. Defendant, Not Present YOUNG, GREGORY LANE Attorney, Present
Not Present:
CALIFORNIA CORRECTIONAL CENTER (CCC) CDCR
Litigation Coordinator
Court Call
NATURE OF PROCEEDINGS: DEMURRER & CASE MANAGEMENT CONFERENCE
Hearing Start Time: 8:44 AM
The above entitled cause came on regularly on this date and time with parties and/or counsel appearing as
reflected above.
No opposition filed.
Matter argued.
The Court makes the following findings and orders:
Defendant's Demurrer - Granted With Leave to Amend.
Plaintiff to file and serve First Amended Complaint by 08/15/2020.
Defendants A. Ribera, J. Gutierrez, and B. Cates' Demurrer to Plaintiff's Complaint is unopposed and is sustained
for a failure to state facts sufficient to constitute a cause of action against Defendants and for being uncertain,
with leave to amend.
MINUTES
Page 1 of 4
CAMPBELL VS RIBERA BCV-19-103339
The court declines Defendants' request to take judicial notice at this time of a letter from the Department of
General Services to establish that Plaintiff failed to timely file his government claim pursuant to Govt. Code section
911.2. The Judicial Council form Complaint itself checks the box stating that Plaintiff has complied with the
applicable claims statute. This appears sufficient for pleading purposes. Defendant provided insufficient argument
and legal authority that judicial notice would be appropriate in this context. Taking judicial notice here would
essentially turn the question of timeliness of the government claim, i.e. compliance with the claims statutes, into a
contested evidentiary issue, which is inappropriate at the demurrer stage.
As for immunity pursuant to Govt. Code section 820.2, it is not clear that this issue can be decided at the demurrer
stage. (See (Johnson v. County of Los Angeles (1983) 143 Cal.App.3d 298, 313-314 - "Such a showing of consciously
exercised discretion cannot be made by County through a demurrer to a complaint containing contrary
allegations.")
Therefore, while the demurrer is sustained, with leave to amend, the court declines to find at this time that
Plaintiff failed to timely file his government claim or that Plaintiff's Complaint is barred by Govt. Code section
820.2. This ruling is made without prejudice to Defendants being allowed to revisit these issues in an evidentiary
context.
Case management conference continued to 09/28/2020, at 8:15 a.m., in Department 17.
(See reporter's transcript for full ruling)
Counsel for Defendant to prepare order pursuant to CRC 3.1312. In the meantime, the clerk's minutes will be the
order of the court.
Copy of clerk's minutes emailed and/or mailed to all parties as stated on the attached declaration.
Minute order notice.
FUTURE HEARINGS:
September 28, 2020 8:15 AM Case Management Conference
Clark, Thomas S.
Bakersfield Department 17
Sheriff, Deputy
MINUTES FINALIZED BY: LINDA HALL ON: JUNE 29, 2020
MINUTES
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CAMPBELL VS RIBERA BCV-19-103339
CAMPBELL VS RIBERA
BCV-19-103339
CERTIFICATE OF MAILING
The undersigned, of said Kern County, certify: That I am a Deputy Clerk of the Superior Court of the State of California,
in and for the County of Kern, that I am a citizen of the United States, over 18 years of age, I reside in or am employed in
the County of Kern, and not a party to the within action, that I served the Minutes dated June 29, 2020 attached hereto
on all interested parties and any respective counsel of record in the within action by depositing true copies thereof,
enclosed in a sealed envelope(s) with postage fully prepaid and placed for collection and mailing on this date, following
standard Court practices, in the United States mail at Bakersfield California addressed as indicated on the attached
mailing list.
Date of Mailing: June 29, 2020
Place of Mailing: Bakersfield, CA
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Tamarah Harber-Pickens
CLERK OF THE SUPERIOR COURT
Date: June 29, 2020
By:
Linda Hall, Deputy Clerk
Signed: 6/29/2020 11:47 AM
Certificate of Mailing
Page 3 of 4
CAMPBELL VS RIBERA
BCV-19-103339
MAILING LIST
DIMETIROUS CAMPBELL GREGORY LANE YOUNG
F83069 HANEY & YOUNG LLP
PO BOX 608 1055 W 7TH ST STE 1950
TEHACHAPI CA 93581 LOS ANGELES CA 90017-2572
Certificate of Mailing
Page 4 of 4
Preview
Superior Court of California County of Kern Bakersfield Department 17 Date: 06/29/2020 Time: 8:30 AM - 12:00 PM BCV-19-103339 CAMPBELL VS RIBERA Courtroom Staff Honorable: Thomas S. Clark Clerk: Linda K. Hall Court reporter: Amy Maier Bailiff: Deputy Sheriff Interpreter: Language of: PARTIES: Present: CAMPBELL, DIMETIROUS Plaintiff Pro Per CATES, B. Defendant, Not Present YOUNG, GREGORY LANE Attorney, Present GUTIERREZ, J. Defendant, Not Present YOUNG, GREGORY LANE Attorney, Present RIBERA, A. Defendant, Not Present YOUNG, GREGORY LANE Attorney, Present Not Present: CALIFORNIA CORRECTIONAL CENTER (CCC) CDCR Litigation Coordinator Court Call NATURE OF PROCEEDINGS: DEMURRER & CASE MANAGEMENT CONFERENCE Hearing Start Time: 8:44 AM The above entitled cause came on regularly on this date and time with parties and/or counsel appearing as reflected above. No opposition filed. Matter argued. The Court makes the following findings and orders: Defendant's Demurrer - Granted With Leave to Amend. Plaintiff to file and serve First Amended Complaint by 08/15/2020. Defendants A. Ribera, J. Gutierrez, and B. Cates' Demurrer to Plaintiff's Complaint is unopposed and is sustained for a failure to state facts sufficient to constitute a cause of action against Defendants and for being uncertain, with leave to amend. MINUTES Page 1 of 4 CAMPBELL VS RIBERA BCV-19-103339 The court declines Defendants' request to take judicial notice at this time of a letter from the Department of General Services to establish that Plaintiff failed to timely file his government claim pursuant to Govt. Code section 911.2. The Judicial Council form Complaint itself checks the box stating that Plaintiff has complied with the applicable claims statute. This appears sufficient for pleading purposes. Defendant provided insufficient argument and legal authority that judicial notice would be appropriate in this context. Taking judicial notice here would essentially turn the question of timeliness of the government claim, i.e. compliance with the claims statutes, into a contested evidentiary issue, which is inappropriate at the demurrer stage. As for immunity pursuant to Govt. Code section 820.2, it is not clear that this issue can be decided at the demurrer stage. (See (Johnson v. County of Los Angeles (1983) 143 Cal.App.3d 298, 313-314 - "Such a showing of consciously exercised discretion cannot be made by County through a demurrer to a complaint containing contrary allegations.") Therefore, while the demurrer is sustained, with leave to amend, the court declines to find at this time that Plaintiff failed to timely file his government claim or that Plaintiff's Complaint is barred by Govt. Code section 820.2. This ruling is made without prejudice to Defendants being allowed to revisit these issues in an evidentiary context. Case management conference continued to 09/28/2020, at 8:15 a.m., in Department 17. (See reporter's transcript for full ruling) Counsel for Defendant to prepare order pursuant to CRC 3.1312. In the meantime, the clerk's minutes will be the order of the court. Copy of clerk's minutes emailed and/or mailed to all parties as stated on the attached declaration. Minute order notice. FUTURE HEARINGS: September 28, 2020 8:15 AM Case Management Conference Clark, Thomas S. Bakersfield Department 17 Sheriff, Deputy MINUTES FINALIZED BY: LINDA HALL ON: JUNE 29, 2020 MINUTES Page 2 of 4 CAMPBELL VS RIBERA BCV-19-103339 CAMPBELL VS RIBERA BCV-19-103339 CERTIFICATE OF MAILING The undersigned, of said Kern County, certify: That I am a Deputy Clerk of the Superior Court of the State of California, in and for the County of Kern, that I am a citizen of the United States, over 18 years of age, I reside in or am employed in the County of Kern, and not a party to the within action, that I served the Minutes dated June 29, 2020 attached hereto on all interested parties and any respective counsel of record in the within action by depositing true copies thereof, enclosed in a sealed envelope(s) with postage fully prepaid and placed for collection and mailing on this date, following standard Court practices, in the United States mail at Bakersfield California addressed as indicated on the attached mailing list. Date of Mailing: June 29, 2020 Place of Mailing: Bakersfield, CA I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Tamarah Harber-Pickens CLERK OF THE SUPERIOR COURT Date: June 29, 2020 By: Linda Hall, Deputy Clerk Signed: 6/29/2020 11:47 AM Certificate of Mailing Page 3 of 4 CAMPBELL VS RIBERA BCV-19-103339 MAILING LIST DIMETIROUS CAMPBELL GREGORY LANE YOUNG F83069 HANEY & YOUNG LLP PO BOX 608 1055 W 7TH ST STE 1950 TEHACHAPI CA 93581 LOS ANGELES CA 90017-2572 Certificate of Mailing Page 4 of 4