William L. Stewart, v. Debbie Asuncion,

Judge Mary Strobel

Hearing: May 25, 2016

BS160474

Tentative Decision on Demurrer: OVERRULED

Respondent Debbie Asuncion, Warden of the California State Prison, Los Angeles County (“Respondent”) demurs to the petition of Petitioner William Stewart (“Petitioner”) for failure to state a claim.

Background and Procedural History

On or about November 18, 2016, Petitioner, in pro per, filed his petition for writ of mandate. The petition alleges, inter alia, that Respondent has improperly denied Petitioner’s requests for disciplinary records of three physicians under the California Public Records Act.[1] 1 (Pet. p. 5.)

On March 8, 2017, Respondent filed a demurrer. On April 10, 2017, Petitioner filed an opposition to the demurrer. The proof of service shows that Petitioner served the opposition by mail on or about March 30, 2017. No reply has been received.

“Before filing a demurrer ..., the demurring party shall meet and confer in person or by t