SUBJECT: Demurrer and Motion to Strike

Moving Party: Defendant The Regents of the University of California

Resp. Party: None

The Regents demurrer to the 1st, 2nd, 3rd, 4th, 5th, 6th, 10th and 11th causes of action in the Complaint is SUSTAINED without leave to amend. The Regents motion to strike is GRANTED.

PRELIMINARY COMMENTS:

This demurrer is unopposed, yet plaintiff has not indicated that he would request leave from the Court to file a second amended complaint. (As indicated below [see §I(B)(1)], Plaintiff’s First Amended Complaint, although received by the Court, was not timely filed.) The Court finds such silence to be troubling. If plaintiff believed that the demurrer should be overruled, he should have filed an opposition. If plaintiff agreed that the complaint needed to be amended, he should have agreed when meeting-and-conferring with defendants to timely file a first amended complaint. Had he done so........