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JEANNE SCHERER, Chief Counsel -
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LAUREN A. MACHADO, Deputy Chief Counsel
GINA CARDOZA, Assistant Chief Counsel 15 OCT ._7
AH m.
PATRICK PETERSEN, Deputy Attorney, Bar No. 232639 ‘
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Attorneys for California Department 0f Transportation 5'5“
Efgufiffwzlit SPUPEmcm coup: r
1120 N Street (Ms 57), P.0. Box 1438
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Sacramento, CA 95812—1438
Telephone: (916) 654-2630 ._ .2
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Facsimile: (916) 654-6128 The Stare ofCaltfomia‘is exemprfl'omfilingfees under Government Code section 6103
Attorneys for Defendant
CALIFORNIA DEPARTMENT OF TRANSPORTATION
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SUPERIOR COURT 0F THE STATE 0F CALIFORNIA .\\\0\
FOR THE COUNTY OF
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STANISLAUS D
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DOROTHY BERNAL, DAVID BERNAL, ) Case N0. 2021243
ANGELICA BERNAL, a minor, by and through )
her guardian ad litem, ROBERT BERNAL ) STATE OF CALIFORNIA’S NOTICE OF
) DEMURRER TO PLAINTIFFS’
Plaintiffs, ) COMPLAINT
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DATE:
TIMEf
November} 2016
830/3”-
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FRED MENDEZ, RALPH IUAREZ, GEORGE )
REED CONSTRUCTION, INC.,ACOUNTY 0F DEPT- 24
)
STANISL‘AUS, CITY 0F MODESTO, )
CALIFORNIA DEPARTMENT 0F )
ASSIGNED FOR ALL PURPOSES TO:
TRANSPORTASTION, and DOES 1 through )
Honorable Roger M. Beauchesnf
100 inclusive, )
) Complaint Filed: August 9, 20 1 6
N Defendants. )
)
TO ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD: -’
PLEASE TAKE NOTICE that on November 9, 2016 at 8:30 am. or as soon thereafter ag the
matter can be heard in Department 24 0f the above-entitled court, the f011.0wing demurrer will be
heard.
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STATE OF CALIFORNIA’S NOTICE OF DEMURRER TO PLAINTIFFS’ COMPLAINT
Defendant State‘of California, by and through thg Department 0f Transportation, (aka the
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“State” 0r “Caltrans”) THAT DEFENDANT STATE Oi: CAHFORNLA, DEPARTMENT OF
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TRANSPORTATION, erroneously sued as CALIFORNIA DEPARTMENT OF
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TRANSPORTATION (“Defendant”) hereby Demurrers t0 Plaintiffs’ Complaint.
DATED: October 6, 2016
\DOO‘JO’xU'I
JEANNE SCHERER, Chief Counsel
LAUREN A. MACHADO, Deputy Chief Counsel
GINA CARDOVA, Assistant Chief Counsel
PATRIC ET SEN, Deputy Attorney
10 By
PATRICK PETERSEN
11 Attorneys for Defendant
California Department of Transportation
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STATE‘OF CALIFORNIA’S NOTICE OF DEMURRER TO PLAINTIFFS’ COMPLAINT
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DOROTHYv-BERNAL, et al. V. FRED MENDEZ, et al.
Stanislaus County Superior Court Case No. 2021243
PROOF OF SERVICE
I, the undersigned, say: I am, and was at all times herein mentioned, a citiien 0f the United
States and employed in the County of Sacramento, State of California, over the age 0f 18 years and not
a party t0 the within action 0r proceeding; that my business address is 1120 N Street, Sacramento,
California; that on October 6, 2016, I enclosed a true copy of the attached:
KOOONJCNLII-PUJNr—u
STATE 0F CALIFORNIA’S NOTICE OF DEMURRER TO PLAINTIFFS’ COMPLAINT
in a separate envelope for each 0f the persons named below, addressed as set forth immediately below
the respective names, as follows:
See attached service list
D By Mail: Icaused such envelope(s) t0 be deposited in the mail at my business address,
addressed to the addressee(s)'designated. I am readily familiar with The State 0f California, Department
of Transportation, Legal‘ Division’s practice ‘for collection and processing 0f correspondence and
pleadings for mailing. 1n the ordinary course 0f business at the Department of Transportation, Legal
Division, mail is given the correct amount of postage and is deposited on that same day in a United
States Postal Service mailbox in the City of Sacramento, California.
D By Personal Service: I caused such envelope(s) to be delivered in person to the addressee(s)
designated.
X By Overnight Courier Service: I caused such envelope(s) to be dglivered via overnight courier
service to the addressee(s) designated.
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D By Facsimile: Igcaused said document(s) t0 be transmitted to the telephone number(s) 0f the
addressee(s) designated. A copy of the transmission report showing the transmission was complete and
without error is attached hereto.
W‘JQl/l-HWNF—‘OWW‘QONM-waflo
D By Electronic Mail: I scanned and emailed said documentsto the email addresses as stated
below.
Ideclare under penalty of perjury under the laws 0f the State of Califbmia that the
foregoing is true and correct.
Executed at Sacramento, California, on October 6, 2016.
W
Devika Datt
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PROOF OF SERVICE
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DOROTHY BERNAL, et al. V. FRED MENDEZ, et al.
Stanislaus County Superior Court Case No. 2021 243
Service List
Wade M. Hansard, Esq. Attorneys for Plaintiff Dbrothy Bernal
McCormick, Barstow, Sheppard, Wayte &
Carruth LLP
7647 North Fresno Street
Fresno, CA 93720
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Tel: (559)433-1300
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PROOF 0F SERV1CE‘
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'”' r /;‘\ JEANNE SCHERER, Chief Counsel - . p, L E D LAUREN A. MACHADO, Deputy Chief Counsel GINA CARDOZA, Assistant Chief Counsel 15 OCT ._7 AH m. PATRICK PETERSEN, Deputy Attorney, Bar No. 232639 ‘ ' [‘3 . Attorneys for California Department 0f Transportation 5'5“ Efgufiffwzlit SPUPEmcm coup: r 1120 N Street (Ms 57), P.0. Box 1438 ' 0F HT I'm s Sacramento, CA 95812—1438 Telephone: (916) 654-2630 ._ .2 —‘-‘.._..3£';*:JT ‘. Facsimile: (916) 654-6128 The Stare ofCaltfomia‘is exemprfl'omfilingfees under Government Code section 6103 Attorneys for Defendant CALIFORNIA DEPARTMENT OF TRANSPORTATION . _ \‘0 SUPERIOR COURT 0F THE STATE 0F CALIFORNIA .\\\0\ FOR THE COUNTY OF q STANISLAUS D ' ‘ DOROTHY BERNAL, DAVID BERNAL, ) Case N0. 2021243 ANGELICA BERNAL, a minor, by and through ) her guardian ad litem, ROBERT BERNAL ) STATE OF CALIFORNIA’S NOTICE OF ) DEMURRER TO PLAINTIFFS’ Plaintiffs, ) COMPLAINT V' ) 3 DATE: TIMEf November} 2016 830/3”- / FRED MENDEZ, RALPH IUAREZ, GEORGE ) REED CONSTRUCTION, INC.,ACOUNTY 0F DEPT- 24 ) STANISL‘AUS, CITY 0F MODESTO, ) CALIFORNIA DEPARTMENT 0F ) ASSIGNED FOR ALL PURPOSES TO: TRANSPORTASTION, and DOES 1 through ) Honorable Roger M. Beauchesnf 100 inclusive, ) ) Complaint Filed: August 9, 20 1 6 N Defendants. ) ) TO ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD: -’ PLEASE TAKE NOTICE that on November 9, 2016 at 8:30 am. or as soon thereafter ag the matter can be heard in Department 24 0f the above-entitled court, the f011.0wing demurrer will be heard. /// /// /// /// /// ‘ l 1 STATE OF CALIFORNIA’S NOTICE OF DEMURRER TO PLAINTIFFS’ COMPLAINT Defendant State‘of California, by and through thg Department 0f Transportation, (aka the M ‘ “State” 0r “Caltrans”) THAT DEFENDANT STATE Oi: CAHFORNLA, DEPARTMENT OF '1 TRANSPORTATION, erroneously sued as CALIFORNIA DEPARTMENT OF ht») TRANSPORTATION (“Defendant”) hereby Demurrers t0 Plaintiffs’ Complaint. DATED: October 6, 2016 \DOO‘JO’xU'I JEANNE SCHERER, Chief Counsel LAUREN A. MACHADO, Deputy Chief Counsel GINA CARDOVA, Assistant Chief Counsel PATRIC ET SEN, Deputy Attorney 10 By PATRICK PETERSEN 11 Attorneys for Defendant California Department of Transportation 12 13 14 15 16 17 18 l9 20 21 22 23 24 25 26 27 28' 2 STATE‘OF CALIFORNIA’S NOTICE OF DEMURRER TO PLAINTIFFS’ COMPLAINT J) e »fi ,"N 3' . x E DOROTHYv-BERNAL, et al. V. FRED MENDEZ, et al. Stanislaus County Superior Court Case No. 2021243 PROOF OF SERVICE I, the undersigned, say: I am, and was at all times herein mentioned, a citiien 0f the United States and employed in the County of Sacramento, State of California, over the age 0f 18 years and not a party t0 the within action 0r proceeding; that my business address is 1120 N Street, Sacramento, California; that on October 6, 2016, I enclosed a true copy of the attached: KOOONJCNLII-PUJNr—u STATE 0F CALIFORNIA’S NOTICE OF DEMURRER TO PLAINTIFFS’ COMPLAINT in a separate envelope for each 0f the persons named below, addressed as set forth immediately below the respective names, as follows: See attached service list D By Mail: Icaused such envelope(s) t0 be deposited in the mail at my business address, addressed to the addressee(s)'designated. I am readily familiar with The State 0f California, Department of Transportation, Legal‘ Division’s practice ‘for collection and processing 0f correspondence and pleadings for mailing. 1n the ordinary course 0f business at the Department of Transportation, Legal Division, mail is given the correct amount of postage and is deposited on that same day in a United States Postal Service mailbox in the City of Sacramento, California. D By Personal Service: I caused such envelope(s) to be delivered in person to the addressee(s) designated. X By Overnight Courier Service: I caused such envelope(s) to be dglivered via overnight courier service to the addressee(s) designated. NNNNNNNNNv—tr—dl—Ir—Ir—ar—a—an—‘H D By Facsimile: Igcaused said document(s) t0 be transmitted to the telephone number(s) 0f the addressee(s) designated. A copy of the transmission report showing the transmission was complete and without error is attached hereto. W‘JQl/l-HWNF—‘OWW‘QONM-waflo D By Electronic Mail: I scanned and emailed said documentsto the email addresses as stated below. Ideclare under penalty of perjury under the laws 0f the State of Califbmia that the foregoing is true and correct. Executed at Sacramento, California, on October 6, 2016. W Devika Datt I PROOF OF SERVICE Q! ,"w v x r xfi‘ t DOROTHY BERNAL, et al. V. FRED MENDEZ, et al. Stanislaus County Superior Court Case No. 2021 243 Service List Wade M. Hansard, Esq. Attorneys for Plaintiff Dbrothy Bernal McCormick, Barstow, Sheppard, Wayte & Carruth LLP 7647 North Fresno Street Fresno, CA 93720 \ooo-QQMAmNH Tel: (559)433-1300 NNNNNNMNNHHp—HHH—Hu—up—a WQ®M$MNHO©WQQM$WNHO 2 PROOF 0F SERV1CE‘