1. CV61059 Yonnie Jackson v. Joel Martinez
Pleading: Demurrer to third amended complaint
Demurring party: Defendant J. Martinez
Demurrer filed: August 1, 2019
Because the Court is uncertain whether Plaintiff is able to check tentative rulings while he is incarcerated, the following information is being provided to assist the parties based on the Court’s review of the papers prior to the hearing date and should not be construed as a tentative ruling:
The Court intends to SUSTAIN the unopposed demurrer without leave to amend. Plaintiff has failed to plead facts demonstrating or excusing compliance with the claim-presentation requirements of the Government Claims Act and thus has failed to state a cause of action. (State of California v. Superior Court (2004) 32 Cal.4th 1234, 1239.)
Defendant Martinez’s August 1, 2019, request for judicial notice is GRANTED. Plaintiff referenced the administrative record attached to Martinez’s March 11, 2019, request for judicial notice in his third