Defendant Todd Gloria's Demurrer to Amended Complaint is SUSTAINED with leave to amend. (ROA 42.)
Plaintiff commenced this action against Gloria and Defendant San Diego County Democratic Party on August 19, 2019. (ROA 1.) Plaintiff then filed an Amended Verified Complaint on February 28, 2020. (ROA 38.) Gloria filed this demurrer on May 28, 2020, shortly after the court re-opened following the closure due to the COVID-19 pandemic.
Gloria asserts the court lacks subject matter jurisdiction. (Code Civ. Proc. § 430.10(a).) Under the Political Reform Act, "[n]o civil action may be filed under Section 91004, 91005, or 91005.5 with regard to any person for any violations of this title after the commission has issued an order pursuant to Section 83116 against that person for the same violation." (Govt. Code § 91008.5.) Here, the Fair Political Practices Commission ("FPPC") issued an order signed on November 21, 2019 in which Gloria stipulated to violation of Government Code section 85200, f
Hearing Date
September 17, 2020
Category
Civil - Unlimited
Type
Judicial Review - Other
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Defendant Todd Gloria's Demurrer to Amended Complaint is SUSTAINED with leave to amend. (ROA 42.)
Plaintiff commenced this action against Gloria and Defendant San Diego County Democratic Party on August 19, 2019. (ROA 1.) Plaintiff then filed an Amended Verified Complaint on February 28, 2020. (ROA 38.) Gloria filed this demurrer on May 28, 2020, shortly after the court re-opened following the closure due to the COVID-19 pandemic.
Gloria asserts the court lacks subject matter jurisdiction. (Code Civ. Proc. § 430.10(a).) Under the Political Reform Act, "[n]o civil action may be filed under Section 91004, 91005, or 91005.5 with regard to any person for any violations of this title after the commission has issued an order pursuant to Section 83116 against that person for the same violation." (Govt. Code § 91008.5.) Here, the Fair Political Practices Commission ("FPPC") issued an order signed on November 21, 2019 in which Gloria stipulated to violation of Government Code section 85200, f