The Court sustains in part and overrules in part, Defendants The Regents of the University of California and Nelly Cruz’ demurrers to the Complaint.
The Court OVERRULES the demurrers based on failure to exhaust administrative remedies. Defendants have not met their burden of proving the defense. The papers do not adequately brief the Vehicle Code, and Section 40200 of the Code says that administrative procedures apply to fines imposed for non-misdemeanor violations of certain categories of violations of the Vehicle Code or of a federal regulation or local ordinance; Defendants fail to establish that such foundational violations occurred. Similarly, Defendants fail to establish the application of Vehicle Code §22651(i), e.g. facts showing that a vehicle was on a highway/ public land, or that the owner ignored five notices each for a period of 21 days. A demurrer can only be brought based on what is alleged within the four corners of the Complaint or matters that are judicially-noticeabl
Hearing Date
October 01, 2016
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The Court sustains in part and overrules in part, Defendants The Regents of the University of California and Nelly Cruz’ demurrers to the Complaint.
The Court OVERRULES the demurrers based on failure to exhaust administrative remedies. Defendants have not met their burden of proving the defense. The papers do not adequately brief the Vehicle Code, and Section 40200 of the Code says that administrative procedures apply to fines imposed for non-misdemeanor violations of certain categories of violations of the Vehicle Code or of a federal regulation or local ordinance; Defendants fail to establish that such foundational violations occurred. Similarly, Defendants fail to establish the application of Vehicle Code §22651(i), e.g. facts showing that a vehicle was on a highway/ public land, or that the owner ignored five notices each for a period of 21 days. A demurrer can only be brought based on what is alleged within the four corners of the Complaint or matters that are judicially-noticeabl