Defendant's Demurrer to the Second Amended Complaint is sustained without leave to amend in part and overruled in part.
As to causes of action two, three, and four, the demurrer is sustained without leave to amend. Plaintiff must challenge his termination by means of a mandamus action. Johnson v. City of Loma Linda (2000) 24 Cal.4th 61, 99. 'A party cannot circumvent the doctrine simply by cherry picking which facts and theories to raise at his administrative hearing in which to reserve for a civil lawsuit, if all speak to the same issue-- which in this case was the wrongfulness of the discharge..' Basurto v. Imperial Irrigation Dist. (2012) 211 Cal.App.4th 866, 889. These claims challenge the termination process itself. Therefore, they must be addressed in a mandamus action.
As the first cause of action, the demurrer is overruled. The claim does not challenge the termination process.
Any answer to the remaining cause of action in the second amended complaint must be served and
Hearing Date
July 24, 2020
Department
Truckee - Dept A - Main Courtroom
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Defendant's Demurrer to the Second Amended Complaint is sustained without leave to amend in part and overruled in part.
As to causes of action two, three, and four, the demurrer is sustained without leave to amend. Plaintiff must challenge his termination by means of a mandamus action. Johnson v. City of Loma Linda (2000) 24 Cal.4th 61, 99. 'A party cannot circumvent the doctrine simply by cherry picking which facts and theories to raise at his administrative hearing in which to reserve for a civil lawsuit, if all speak to the same issue-- which in this case was the wrongfulness of the discharge..' Basurto v. Imperial Irrigation Dist. (2012) 211 Cal.App.4th 866, 889. These claims challenge the termination process itself. Therefore, they must be addressed in a mandamus action.
As the first cause of action, the demurrer is overruled. The claim does not challenge the termination process.
Any answer to the remaining cause of action in the second amended complaint must be served and