DEMURRER TO AMENDED ANSWER TO 1ST AMENDED COMPLAINT

SET FOR HEARING ON WEDNESDAY, APRIL 13, 2016, LINE 7, PLAINTIFF GILBERT VILLELA'S DEMURRER the first, twelfth and thirteenth affirmative defenses in the answer of the Regents Defendants

Overruled as to all three defenses. The first affirmative defense adequately alleges that Dr. Villela did not make a required report and the validity of that defense does not depend on what is alleged by Dr. Villela, but what is proved by Dr. Villela at trial. The twelfth affirmative defense is valid because Government Code 818, by its language, supersedes Government Code 8547.10 to the extent that the latter section may be construed to allow for punitive damages against the Regents. The thirteenth affirmative defense adequately alleges the defense of discretionary immunity of Government Code 820.2 and whether that defense can be proved will need to await the development of the facts.

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