Defendant S. Roberts has demurred to Plaintiff's complaint.
The plaintiff opposed the demurrer but did not address in his brief the issues raised by the demurrer. The demurrer is sustained because Plaintiff has not pled compliance with the applicable claims statutes (see Plaintiff's Complaint at Item No. 9). Based on an exhibit attached to the opposition (correspondence from the California Victim Compensation & Government Claims Board), it appears Plaintiff may be able to plead compliance with the tort claims requirements. As a result, the demurrer is sustained with 14 days leave to amend for Plaintiff to plead that he has complied with the applicable claims statutes.
In ruling on this demurrer, the Court rejects Defendant's other arguments. With respect to the failure to allege exhaustion of prison administrative remedies, the Court is not persuaded that exhaustion of prison administrative remedies is required where the prisoner is seeking monetary compensation for claims of medical
Hearing Date
June 02, 2017
Category
Civil - Unlimited
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Defendant S. Roberts has demurred to Plaintiff's complaint.
The plaintiff opposed the demurrer but did not address in his brief the issues raised by the demurrer. The demurrer is sustained because Plaintiff has not pled compliance with the applicable claims statutes (see Plaintiff's Complaint at Item No. 9). Based on an exhibit attached to the opposition (correspondence from the California Victim Compensation & Government Claims Board), it appears Plaintiff may be able to plead compliance with the tort claims requirements. As a result, the demurrer is sustained with 14 days leave to amend for Plaintiff to plead that he has complied with the applicable claims statutes.
In ruling on this demurrer, the Court rejects Defendant's other arguments. With respect to the failure to allege exhaustion of prison administrative remedies, the Court is not persuaded that exhaustion of prison administrative remedies is required where the prisoner is seeking monetary compensation for claims of medical