HEARING ON DEMURRER TO COMPLAINT of COPOLLA
FILED BY ACALANES UNION HIGH SCHOOL DISTRICT, CHRIS CLARK
* TENTATIVE RULING: *
Defendants Acalanes Union High School District and Chris Clark’s demurrer to the First Amended Complaint is sustained.
Plaintiff has filed this action against a public entity, Acalanes Union High School District. Because the present case involves claims against a public entity, it is controlled by the California Tort Claims Act. (Government Code §810 et seq.) As such the following pleading rules apply: “[U]under the Tort Claims Act all governmental tort liability is based on statute, the general rule that statutory causes of action must be pleaded with particularity is applicable. Thus, 'to state a cause of action against a public entity, every fact material to the existence of its statutory liability must be pleaded with particularity. [Citations.]’ [Citations.]” Hood v. Hacienda La Puente Unified Sch. Dist. (1998) 65 Cal.App.4th 435, 439.
1st Cause of Actio
Hearing Date
September 01, 2016
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HEARING ON DEMURRER TO COMPLAINT of COPOLLA
FILED BY ACALANES UNION HIGH SCHOOL DISTRICT, CHRIS CLARK
* TENTATIVE RULING: *
Defendants Acalanes Union High School District and Chris Clark’s demurrer to the First Amended Complaint is sustained.
Plaintiff has filed this action against a public entity, Acalanes Union High School District. Because the present case involves claims against a public entity, it is controlled by the California Tort Claims Act. (Government Code §810 et seq.) As such the following pleading rules apply: “[U]under the Tort Claims Act all governmental tort liability is based on statute, the general rule that statutory causes of action must be pleaded with particularity is applicable. Thus, 'to state a cause of action against a public entity, every fact material to the existence of its statutory liability must be pleaded with particularity. [Citations.]’ [Citations.]” Hood v. Hacienda La Puente Unified Sch. Dist. (1998) 65 Cal.App.4th 435, 439.
1st Cause of Actio