The court addresses the evidentiary issues. Plaintiff's request for judicial notice (complaint) is granted. Plaintiff's request for judicial notice in support of opposition to demurrer is granted as to Exhibits A, B and D-G and denied as to Exhibit C because there is no file stamp indicating that this form was filed/received.
The court then rules as follows. Defendants R. Diaz and J. Shaffer's demurrer to Plaintiff's complaint is sustained with leave to amend.
The complaint alleges four causes of action for Denial of Due Process, Denial of Equal Protection, Breach of Fiduciary Duty and Intentional Misrepresentation. Defendants demurrer to all causes of action arguing that the complaint fails to allege exhaustion of the prison's administrative remedies, fails to allege compliance with the Government Claims Act and that Defendants are immune under Government Code § 845.8.
The complaint alleges:
....
8. After more than a year of litigating, on December 4, 2018, the court ordered th
Hearing Date
January 16, 2020
Category
Civil - Unlimited
For full print and download access, please subscribe at https://www.trellis.law/.
The court addresses the evidentiary issues. Plaintiff's request for judicial notice (complaint) is granted. Plaintiff's request for judicial notice in support of opposition to demurrer is granted as to Exhibits A, B and D-G and denied as to Exhibit C because there is no file stamp indicating that this form was filed/received.
The court then rules as follows. Defendants R. Diaz and J. Shaffer's demurrer to Plaintiff's complaint is sustained with leave to amend.
The complaint alleges four causes of action for Denial of Due Process, Denial of Equal Protection, Breach of Fiduciary Duty and Intentional Misrepresentation. Defendants demurrer to all causes of action arguing that the complaint fails to allege exhaustion of the prison's administrative remedies, fails to allege compliance with the Government Claims Act and that Defendants are immune under Government Code § 845.8.
The complaint alleges:
....
8. After more than a year of litigating, on December 4, 2018, the court ordered th