SILVA v. VACAVILLE UNIFIED SCHOOL DISTRICT

Case No.: FCS051224    

Demurrer to Second Amended Complaint
TENTATIVE RULING
Defendants’ demurrer to the Second Amended Complaint (“SAC”) is sustained as to the first, second, third, fifth, sixth, seventh and eighth causes of action without leave to amend. Defendant’s demurrer as to the fourth cause of action is sustained in part without leave to amend and denied in part with leave to amend. The court previously granted Defendant’s demurrer to the Complaint based largely on the same arguments, but provided Plaintiff the opportunity to amend. In the interim, Plaintiff filed and served a First Amended Complaint, but after meeting and conferring with Defendants about alleged defects, voluntarily filed and served a Second Amended Complaint. Given the significant delay and many opportunities to amend, where the previously identified defects are repeated without correction, no further leave to amend is granted. With respect to the causes of action alleging violation of the Fair Employment and H........