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1
A PROFESSIONAL CORPORATION
2 Stephen E. Horan, SBN 125241
350 University Avenue, Suite 200
3 Sacramento, California 95825
TEL: 916.929.1481 08/05/2020
4 FAX: 916.927.3706
5 Attorney for Defendant, CITY OF ROCKLIN
6
Exempt from Filing Fees Pursuant to Government Code § 6103
7
SUPERIOR COURT OF CALIFORNIA
8
IN AND FOR THE COUNTY OF PLACER
9
10 LAURIE A. DEUSCHEL, CASE NO.: SCV0040437
Plaintiffs,
11 v. DEFENDANT CITY OF ROCKLIN’S
AMENDED NOTICE OF DEMURRER TO
12
CLEAR POINT FINANCIAL GORUP, INC., PLAINTIFF’S FIRST AMENDED
350 University Ave., Suite 200
13 A California Corporation, COMPLAINT
95825
PORTER | SCOTT
KAMYSHIN INVESTMENTS, INC.,
FAX: 916.927.3706
TEL: 916.929.1481
14 A California Corporation, Date: September 4, 2020
Sacramento, CA
PACIFIC GAS AND ELECTIRC CO., Time 8:30 AM
15
A California Corporation, Dept.: 3
16 CITY OF ROCKLIN,
A California Local City Government,
17 DOES 1 THRU 10,000,
18
Defendants. Complaint filed: 12/11/2017
19 ______________________________________/ First Amended Complaint Filed: 02/22/2019
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22 PLEASE TAKE NOTICE that on the above-stated date and time, or as soon thereafter as the
23 matter may be heard, at the above department of the above-entitled Court, located at 10820 Justice
24 Center Drive, Roseville, CA 95678, Attorney for Defendant, CITY OF ROKCLIN’S Demurrer to the
25 First Amended Complaint of Plaintiff LAURIE DEUSCHEL will be heard.
26 Pursuant to California Code of Civil Procedure section 430.10, Defendant CITY OF
27 ROCKLIN hereby demurrers to Plaintiff’s First Amended Complaint wholly, separately, and
28 severally on each of the following grounds:
{02256413.DOCX} 1
DEFENDANT CITY OF ROCKLIN’S AMENDED NOTICE OF DEMURRER TO PLAINTIFF’S FIRST
AMENDED COMPLAINT
1 1. Plaintiff’s Amended Complaint against Rocklin fails to state sufficient facts because
2 it fails to allege compliance with the claim presentation requirements of the California Government
3 Claims Act.
4 2. Government Code limitations/immunities support the Defendant’s Demurrer.
5 WHEREFORE, Defendant CITY OF ROCKLIN prays that its demurrer be sustained without
6 leave to amend.
7 The Demurrer will be based on this Notice, the Demurrer and Memorandum of Points and
8 Authorities which were filed on May 3, 2019, the pleadings, papers, and records on file herein, and
9 such other oral and documentary evidence as may be presented at the time of the hearing of this
10 motion. Plaintiff’s Opposition to the Demurrer was filed on May 13, 2019 and an Amended
11 Opposition was filed on May 17, 2019. Defendant City of Rocklin’s Reply to Plaintiff’s Opposition
12 was filed on May 21, 2019. The Court deferred the hearing while the status of Defendant Pacific Gas
350 University Ave., Suite 200
13 and Electric Co. was unsettled.
95825
PORTER | SCOTT
FAX: 916.927.3706
TEL: 916.929.1481
14 Pursuant to Local Rule 20.2.3, the court will issue a tentative ruling for this matter on the
Sacramento, CA
15 court day before the hearing. The tentative ruling will be available after 12:00 noon as an audio
16 recording accessible at (916) 408-6480; the tentative ruling will also be available at the court’s
17 website, www.placer.courts.ca.gov. The tentative ruling shall become the final ruling on the matter
18 and no hearing will be held unless oral argument is timely requested or the tentative ruling indicates
19 otherwise. Requests for oral argument must be made by calling (916) 408-6481 no later than 4:00
20 p.m. on the court day prior to the hearing.
21
22 Dated: August 5, 2020 Respectfully Submitted,
23
PORTER SCOTT
24 A PROFESSIONAL CORPORATION
25
26
S
By ________________________________
27 Stephen E. Horan
Attorney for Defendant CITY OF ROCKLIN
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{02256413.DOCX} 2
DEFENDANT CITY OF ROCKLIN’S AMENDED NOTICE OF DEMURRER TO PLAINTIFF’S FIRST
AMENDED COMPLAINT
1
CASE NAME: Deuschel v. Clear Point Financial Group, Inc., et al.
2 CASE NO.: SCV0040437
3
PROOF OF SERVICE
4 I am a resident of the United States and of the County, of Sacramento, California. I am over
the age of eighteen years and not a party to the within above-entitled action. My business address is
5 350 University Avenue, Suite 200, Sacramento, California.
I am familiar with this Company's practice whereby the mail, after being placed in a
6
designated area, is given the appropriate postage and is deposited in a U.S. mailbox in the City of
7 Sacramento, California, after the close of the day's business.
That on the date below, I served the following: DEFENDANT CITY OF ROCKLIN’S
8 AMENDED NOTICE OF DEMURRER TO PLAINTIFF’S FIRST AMENDED COMPLAINT
on all parties in the said action as addressed below by causing a true copy thereof to be served:
9
10
XXX BY MAIL: I placed the envelope for collection and mailing, following our ordinary business practices.
11 I am readily familiar with this business’ practice for collecting and processing correspondence for
mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in the
12 ordinary course of business with the United States Postal Service, in a sealed envelope with postage fully
prepaid. â–¡ Certified Mail/Return Receipt Requested, Article #
350 University Ave., Suite 200
13 BY PERSONAL SERVICE: I caused such document to be personally delivered to the person(s)
95825
addressed below. (1) For a party represented by an attorney, delivery was made to the attorney or at the
PORTER | SCOTT
FAX: 916.927.3706
TEL: 916.929.1481
14 attorney’s office by leaving the documents, in an envelope or package clearly labeled to identify the
attorney being served, with a receptionist or an individual in charge of the office, between the hours of
Sacramento, CA
15 nine in the morning and five in the evening. (2) For a party, delivery was made to the party or by leaving
the documents at the party’s residence with some person not younger than 18 years of age between the
16 hours of eight in the morning and six in the evening.
BY OVERNIGHT DELIVERY: I enclosed the documents in an envelope or package provided by an
17 overnight delivery carrier and addressed to the person(s) listed below. I placed the envelope or package
for collection and overnight delivery at my office or a regularly utilized drop box of the overnight delivery
18 carrier.
BY FAX TRANSMISSION: Based on an agreement of the parties to accept service by fax transmission,
19 I faxed the documents to the persons at the fax numbers listed below. No error was reported by the fax
machine that I used. A copy of the record of the fax transmission, which I printed out, is attached
20 BY ELECTRONIC SERVICE: Based on a court order or an agreement of the parties to accept service
by electronic transmission, I caused the documents to be sent to the persons at the electronic notification
21 address listed below.
22
Addressed as follows:
23
SEE ATTACHED SERVICE LIST
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I declare under penalty of perjury under the laws of the State of California that the foregoing
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is true and correct. Executed at Sacramento, California on August 5, 2020.
26
___________________________________
27
Willow Jacobs
28
{02256413.DOCX} 3
DEFENDANT CITY OF ROCKLIN’S AMENDED NOTICE OF DEMURRER TO PLAINTIFF’S FIRST
AMENDED COMPLAINT
1
Laurie A. Deuschel James L. Brunello, Esq.
2 5120 Second Street Karen Pine, Esq.
Rocklin, CA 95677 Law Office of James L. Brunello
3 Pro Per Plaintiff P.O. Box 4155
El Dorado Hills, Ca 95762
4
Attorneys for Clear Point Financial Group,
5 Inc. and Kamyshin Investments, Inc.
Jana L. Contreras
6 GAS & ELECTRIC CO. LAW
DEPARTMENT
7
P.O. Box 7442, B30A
8 San Francisco, CA 94120
9 Mario A. Moya
10 Rebecca M. Hoberg
MOYA LAW FIRM
11 1300 Clay Street, Suite 600
Oakland, California 94612
12 Attorneys for Pacific Gas and Electric Co.
350 University Ave., Suite 200
13
95825
PORTER | SCOTT
FAX: 916.927.3706
TEL: 916.929.1481
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Sacramento, CA
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DEFENDANT CITY OF ROCKLIN’S AMENDED NOTICE OF DEMURRER TO PLAINTIFF’S FIRST
AMENDED COMPLAINT
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1 A PROFESSIONAL CORPORATION 2 Stephen E. Horan, SBN 125241 350 University Avenue, Suite 200 3 Sacramento, California 95825 TEL: 916.929.1481 08/05/2020 4 FAX: 916.927.3706 5 Attorney for Defendant, CITY OF ROCKLIN 6 Exempt from Filing Fees Pursuant to Government Code § 6103 7 SUPERIOR COURT OF CALIFORNIA 8 IN AND FOR THE COUNTY OF PLACER 9 10 LAURIE A. DEUSCHEL, CASE NO.: SCV0040437 Plaintiffs, 11 v. DEFENDANT CITY OF ROCKLIN’S AMENDED NOTICE OF DEMURRER TO 12 CLEAR POINT FINANCIAL GORUP, INC., PLAINTIFF’S FIRST AMENDED 350 University Ave., Suite 200 13 A California Corporation, COMPLAINT 95825 PORTER | SCOTT KAMYSHIN INVESTMENTS, INC., FAX: 916.927.3706 TEL: 916.929.1481 14 A California Corporation, Date: September 4, 2020 Sacramento, CA PACIFIC GAS AND ELECTIRC CO., Time 8:30 AM 15 A California Corporation, Dept.: 3 16 CITY OF ROCKLIN, A California Local City Government, 17 DOES 1 THRU 10,000, 18 Defendants. Complaint filed: 12/11/2017 19 ______________________________________/ First Amended Complaint Filed: 02/22/2019 20 21 22 PLEASE TAKE NOTICE that on the above-stated date and time, or as soon thereafter as the 23 matter may be heard, at the above department of the above-entitled Court, located at 10820 Justice 24 Center Drive, Roseville, CA 95678, Attorney for Defendant, CITY OF ROKCLIN’S Demurrer to the 25 First Amended Complaint of Plaintiff LAURIE DEUSCHEL will be heard. 26 Pursuant to California Code of Civil Procedure section 430.10, Defendant CITY OF 27 ROCKLIN hereby demurrers to Plaintiff’s First Amended Complaint wholly, separately, and 28 severally on each of the following grounds: {02256413.DOCX} 1 DEFENDANT CITY OF ROCKLIN’S AMENDED NOTICE OF DEMURRER TO PLAINTIFF’S FIRST AMENDED COMPLAINT 1 1. Plaintiff’s Amended Complaint against Rocklin fails to state sufficient facts because 2 it fails to allege compliance with the claim presentation requirements of the California Government 3 Claims Act. 4 2. Government Code limitations/immunities support the Defendant’s Demurrer. 5 WHEREFORE, Defendant CITY OF ROCKLIN prays that its demurrer be sustained without 6 leave to amend. 7 The Demurrer will be based on this Notice, the Demurrer and Memorandum of Points and 8 Authorities which were filed on May 3, 2019, the pleadings, papers, and records on file herein, and 9 such other oral and documentary evidence as may be presented at the time of the hearing of this 10 motion. Plaintiff’s Opposition to the Demurrer was filed on May 13, 2019 and an Amended 11 Opposition was filed on May 17, 2019. Defendant City of Rocklin’s Reply to Plaintiff’s Opposition 12 was filed on May 21, 2019. The Court deferred the hearing while the status of Defendant Pacific Gas 350 University Ave., Suite 200 13 and Electric Co. was unsettled. 95825 PORTER | SCOTT FAX: 916.927.3706 TEL: 916.929.1481 14 Pursuant to Local Rule 20.2.3, the court will issue a tentative ruling for this matter on the Sacramento, CA 15 court day before the hearing. The tentative ruling will be available after 12:00 noon as an audio 16 recording accessible at (916) 408-6480; the tentative ruling will also be available at the court’s 17 website, www.placer.courts.ca.gov. The tentative ruling shall become the final ruling on the matter 18 and no hearing will be held unless oral argument is timely requested or the tentative ruling indicates 19 otherwise. Requests for oral argument must be made by calling (916) 408-6481 no later than 4:00 20 p.m. on the court day prior to the hearing. 21 22 Dated: August 5, 2020 Respectfully Submitted, 23 PORTER SCOTT 24 A PROFESSIONAL CORPORATION 25 26 S By ________________________________ 27 Stephen E. Horan Attorney for Defendant CITY OF ROCKLIN 28 {02256413.DOCX} 2 DEFENDANT CITY OF ROCKLIN’S AMENDED NOTICE OF DEMURRER TO PLAINTIFF’S FIRST AMENDED COMPLAINT 1 CASE NAME: Deuschel v. Clear Point Financial Group, Inc., et al. 2 CASE NO.: SCV0040437 3 PROOF OF SERVICE 4 I am a resident of the United States and of the County, of Sacramento, California. I am over the age of eighteen years and not a party to the within above-entitled action. My business address is 5 350 University Avenue, Suite 200, Sacramento, California. I am familiar with this Company's practice whereby the mail, after being placed in a 6 designated area, is given the appropriate postage and is deposited in a U.S. mailbox in the City of 7 Sacramento, California, after the close of the day's business. That on the date below, I served the following: DEFENDANT CITY OF ROCKLIN’S 8 AMENDED NOTICE OF DEMURRER TO PLAINTIFF’S FIRST AMENDED COMPLAINT on all parties in the said action as addressed below by causing a true copy thereof to be served: 9 10 XXX BY MAIL: I placed the envelope for collection and mailing, following our ordinary business practices. 11 I am readily familiar with this business’ practice for collecting and processing correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in the 12 ordinary course of business with the United States Postal Service, in a sealed envelope with postage fully prepaid. □ Certified Mail/Return Receipt Requested, Article # 350 University Ave., Suite 200 13 BY PERSONAL SERVICE: I caused such document to be personally delivered to the person(s) 95825 addressed below. (1) For a party represented by an attorney, delivery was made to the attorney or at the PORTER | SCOTT FAX: 916.927.3706 TEL: 916.929.1481 14 attorney’s office by leaving the documents, in an envelope or package clearly labeled to identify the attorney being served, with a receptionist or an individual in charge of the office, between the hours of Sacramento, CA 15 nine in the morning and five in the evening. (2) For a party, delivery was made to the party or by leaving the documents at the party’s residence with some person not younger than 18 years of age between the 16 hours of eight in the morning and six in the evening. BY OVERNIGHT DELIVERY: I enclosed the documents in an envelope or package provided by an 17 overnight delivery carrier and addressed to the person(s) listed below. I placed the envelope or package for collection and overnight delivery at my office or a regularly utilized drop box of the overnight delivery 18 carrier. BY FAX TRANSMISSION: Based on an agreement of the parties to accept service by fax transmission, 19 I faxed the documents to the persons at the fax numbers listed below. No error was reported by the fax machine that I used. A copy of the record of the fax transmission, which I printed out, is attached 20 BY ELECTRONIC SERVICE: Based on a court order or an agreement of the parties to accept service by electronic transmission, I caused the documents to be sent to the persons at the electronic notification 21 address listed below. 22 Addressed as follows: 23 SEE ATTACHED SERVICE LIST 24 I declare under penalty of perjury under the laws of the State of California that the foregoing 25 is true and correct. Executed at Sacramento, California on August 5, 2020. 26 ___________________________________ 27 Willow Jacobs 28 {02256413.DOCX} 3 DEFENDANT CITY OF ROCKLIN’S AMENDED NOTICE OF DEMURRER TO PLAINTIFF’S FIRST AMENDED COMPLAINT 1 Laurie A. Deuschel James L. Brunello, Esq. 2 5120 Second Street Karen Pine, Esq. Rocklin, CA 95677 Law Office of James L. Brunello 3 Pro Per Plaintiff P.O. Box 4155 El Dorado Hills, Ca 95762 4 Attorneys for Clear Point Financial Group, 5 Inc. and Kamyshin Investments, Inc. Jana L. Contreras 6 GAS & ELECTRIC CO. LAW DEPARTMENT 7 P.O. Box 7442, B30A 8 San Francisco, CA 94120 9 Mario A. Moya 10 Rebecca M. Hoberg MOYA LAW FIRM 11 1300 Clay Street, Suite 600 Oakland, California 94612 12 Attorneys for Pacific Gas and Electric Co. 350 University Ave., Suite 200 13 95825 PORTER | SCOTT FAX: 916.927.3706 TEL: 916.929.1481 14 Sacramento, CA 15 16 17 18 19 20 21 22 23 24 25 26 27 28 {02256413.DOCX} 4 DEFENDANT CITY OF ROCKLIN’S AMENDED NOTICE OF DEMURRER TO PLAINTIFF’S FIRST AMENDED COMPLAINT