Motion: Demurrer to First Amended Complaint
Tentative Ruling:
To sustain the demurrer to the First Amended Complaint without leave to amend. (Code Civ. Proc., § 430.10, subd. (e).) Prevailing parties to submit to this court, within seven days of service of the minute order, a proposed judgment dismissing the action as to the demurring defendants.
Explanation:
Pursuant to a California Public Records Act (“CPRA”) request, plaintiff seeks access (in-office review) to the following materials from the November 6, 2018 general election: a. The envelopes in which the mail-in ballots were submitted by voters; b. The envelopes in which the conditional ballots were submitted by voters; c. The envelopes in which the provisional ballots were submitted by voters; and
d. The signatures on the registration statements of voters who submitted either mail-in, provisional, or conditional ballots for the November 6, 2018 general election.
Plaintiff does not seek access to the ballots themselves. In the op