DEMURRER TO 2ND AMENDED COMPLAINT

Set for hearing on Thursday, October 29, 2009, line 11, DEFENDANT STATE OF CALIFORNIA'S DEMURRER TO SECOND AMENDED COMPLAINT. DEMURRER SUSTAINED WITHOUT LEAVE TO AMEND. THE ALLEGATIONS RAISED IN THE SECOND AMENDED COMPLAINT FOR DECLARATORY RELIEF WERE DECIDED IN STRAUSS V. HORTON (2009) 46 CAL.4TH 364. NO REASONABLE PROBABILITY THAT DEFECT CAN BE CURED BY AMENDMENT. =(302/CWW)