SILVA v. VACAVILLE UNIFIED SCHOOL DISTRICT

Case No.: FCS051224    

Demurrer to Fourth Amended Complaint
TENTATIVE RULING
Defendants ERIN SCHROEDER (“SCHROEDER”) and JENNIFER BUZOLICH (“BUZOLICH”) demur to Plaintiff DEANNA SILVA’s fourth amended complaint (“4AC”) against them for retaliation under the Reporting by School Employees of Improper Governmental Activities Act (the “Act”).
The demurrer of Defendant SCHROEDER is sustained without leave to amend. The demurrer of Defendant BUZOLICH is overruled.
Legal Standard. The function of a demurrer is to test the sufficiency of the complaint as a matter of law.” (Holiday Matinee, Inc. v. Rambus, Inc. (2004) 118 Cal.App.4th 1413, 1420.) A complaint is sufficient if it alleges ultimate rather than evidentiary facts, but the plaintiff must set forth the essential facts of his or her case “with reasonable precision and with particularity sufficient to acquaint [the] defendant with the nature, source and extent” of the plaintiff’s claim. (Doheny Park Terrace Homeowners Assn., I........