On May 15, 2019 a
Motion-Secondary
was filed
involving a dispute between
Velasquez, Michael J,
and
Corey, Heather,
Grant, Latish,
John Doe 1 Or Jane Doe 1,
Marquardt, Grant,
Officer Guajardo,
Police Chief Jack Carter,
Price, Brandon,
Sgt. R Gardenhire,
for 35 Limited - Other Non-PI/PD/WD Tort Under $10,000
in the District Court of Fresno County.
Preview
XAVIER BECERRA
Attorney General of California E-FILED
2 DARRELL W. SPENCE
2/8/2021 3:15 PM
Supervising Deputy Attorney General Superior Court of California
3 State Bar No. 248011 County of Fresno
1300 I Street, Suite 125 By: L. Vang, Deputy
4 P.O. Box 944255
Sacramento, CA 94244-2550
5 Telephone: (916) 210-6089
Fax: (916) 324-5567
6 E-mail: Darrell.Spence@doj.ca.gov
Attorneys for Defendants Exemptf;'" omfilingfees pursuant to
7 Government Code§ 6103
8 SUPERJOR COURT OF THE STATE OF CALIFORNIA
9 COUNTY OF FRESNO
10
11
12
MICHAEL J. VELASQUEZ, Case No. l 9CECL04678
13
Plaintiff, REPLY IN SUPPORT OF DEMURRER
14
v. Date: February 17, 2021
15 Time: 8:30 a.m.
Dept: 404
16 BRANDON PRICE, JOHN DOE 1 OR Judge: Hon. Mark Cullers
JANE DOE 1, POLICE CHIEF JACK Action Filed: April 9, 2019
17 CARTER, SGT. R. GARDENHIRE, AND
OFFICER GUAJARDO, ALL IN THEIR
18 OFFICIAL AND UNOFFICIAL
PERSONAL AND INDIVIDUAL
19 CAPACITIES,
20 Defendants.
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Reply in Support of Demurrer (19CECL04678)
Plaintiff has not opposed or otherwise responded to the Demurrer and supporting
2 documents filed on January 15 , 2021. Therefore, this Court should sustain Defendants' Demurrer
3 in its entirely, without leave to amend.
4 Dated: February 8, 2021 Respectfully Submitted,
5 XAVIER BECERRA
Attorney General of California
6
7 D~W.S~ -
8
DARRELL W. SPENCE
9 Supervising Deputy Attorney General
Attorneys for Defendants
10
11 SA2019104345
34807175.docx
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Reply in Support of Demurrer (19CECL04678)
DECLARATION OF SERVICE BY OVERNIGHT COURIER
Case Name: Michael J. Velasquez v. Brandon Price, et al.
Case No.: 19CECL04678
I declare:
I am employed in the Office of the Attorney General, which is the office of a member of the
California State Bar, at which member's direction this service is made. I am 18 years of age or
older and not a party t6 this matter; my business address is: 1300 I Street, Suite 125, P.O. Box
944255, Sacramento, CA 94244-2550. I am familiar with the business practice at the Office of
the Attorney General for collection and processing of correspondence for overnight mail with the
General Logistics Systems US, Inc. ("GLS''). In accordance with that practice, correspondence
placed in the internal mail collection system at the Office of the Attorney General is deposited
with the overnight courier that same day in the ordinary course of business.
On February 8, 2021, I served the attached REPLY IN SUPPORT OF DEMURRER by
placing a true copy thereof enclosed in a sealed envelope, in the internal mail system of the
Office of the Attorney General, for overnight delivery, addressed as follows:
Michael J. Velasquez Coalinga State Hospital
380-6 Unit 7 Wendy Luna
P. 0. Box ·5003 Courtesy Via Email
Coalinga, CA 93210
Via Overnight Mail Tracking No:
552184434
I declare under penalty of perjury under the laws of the State of California and the United States
of America the foregoing is true and correct and that this declaration was executed on Feb 1ary
8, 2021, at Sacramento, California.
Christopher R. Irby
Declarant
SA2019104345
AG Declaration of Service-E-mail
Overnt Cour (002).docx
Document Filed Date
February 08, 2021
Case Filing Date
May 15, 2019
Category
35 Limited - Other Non-PI/PD/WD Tort Under $10,000
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Preview
XAVIER BECERRA Attorney General of California E-FILED 2 DARRELL W. SPENCE 2/8/2021 3:15 PM Supervising Deputy Attorney General Superior Court of California 3 State Bar No. 248011 County of Fresno 1300 I Street, Suite 125 By: L. Vang, Deputy 4 P.O. Box 944255 Sacramento, CA 94244-2550 5 Telephone: (916) 210-6089 Fax: (916) 324-5567 6 E-mail: Darrell.Spence@doj.ca.gov Attorneys for Defendants Exemptf;'" omfilingfees pursuant to 7 Government Code§ 6103 8 SUPERJOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF FRESNO 10 11 12 MICHAEL J. VELASQUEZ, Case No. l 9CECL04678 13 Plaintiff, REPLY IN SUPPORT OF DEMURRER 14 v. Date: February 17, 2021 15 Time: 8:30 a.m. Dept: 404 16 BRANDON PRICE, JOHN DOE 1 OR Judge: Hon. Mark Cullers JANE DOE 1, POLICE CHIEF JACK Action Filed: April 9, 2019 17 CARTER, SGT. R. GARDENHIRE, AND OFFICER GUAJARDO, ALL IN THEIR 18 OFFICIAL AND UNOFFICIAL PERSONAL AND INDIVIDUAL 19 CAPACITIES, 20 Defendants. 21 22 23 24 25 26 27 28 Reply in Support of Demurrer (19CECL04678) Plaintiff has not opposed or otherwise responded to the Demurrer and supporting 2 documents filed on January 15 , 2021. Therefore, this Court should sustain Defendants' Demurrer 3 in its entirely, without leave to amend. 4 Dated: February 8, 2021 Respectfully Submitted, 5 XAVIER BECERRA Attorney General of California 6 7 D~W.S~ - 8 DARRELL W. SPENCE 9 Supervising Deputy Attorney General Attorneys for Defendants 10 11 SA2019104345 34807175.docx 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 Reply in Support of Demurrer (19CECL04678) DECLARATION OF SERVICE BY OVERNIGHT COURIER Case Name: Michael J. Velasquez v. Brandon Price, et al. Case No.: 19CECL04678 I declare: I am employed in the Office of the Attorney General, which is the office of a member of the California State Bar, at which member's direction this service is made. I am 18 years of age or older and not a party t6 this matter; my business address is: 1300 I Street, Suite 125, P.O. Box 944255, Sacramento, CA 94244-2550. I am familiar with the business practice at the Office of the Attorney General for collection and processing of correspondence for overnight mail with the General Logistics Systems US, Inc. ("GLS''). In accordance with that practice, correspondence placed in the internal mail collection system at the Office of the Attorney General is deposited with the overnight courier that same day in the ordinary course of business. On February 8, 2021, I served the attached REPLY IN SUPPORT OF DEMURRER by placing a true copy thereof enclosed in a sealed envelope, in the internal mail system of the Office of the Attorney General, for overnight delivery, addressed as follows: Michael J. Velasquez Coalinga State Hospital 380-6 Unit 7 Wendy Luna P. 0. Box ·5003 Courtesy Via Email Coalinga, CA 93210 Via Overnight Mail Tracking No: 552184434 I declare under penalty of perjury under the laws of the State of California and the United States of America the foregoing is true and correct and that this declaration was executed on Feb 1ary 8, 2021, at Sacramento, California. Christopher R. Irby Declarant SA2019104345 AG Declaration of Service-E-mail Overnt Cour (002).docx