HEARING ON MOTION FOR JUDGMENT ON THE PLEADINGS

FILED BY SAN RAMON UNIFIED SCHOOL DISTRICT

* TENTATIVE RULING: *

This motion is continued to October 26, 2018, at 9:00 a.m. In the interim, counsel are directed to conduct the meet-and-confer required by Code of Civil Procedure § 439. If the issue remains unresolved, by October 19 plaintiff may file and serve a short supplemental brief addressing the arguments untimely raised in defendant’s reply brief.

Defendant filed this motion with no declaration of compliance with § 439. As a reading of the briefs make clear, the case plainly called for meet-and-confer.

Defendant’s motion rests on its argument that plaintiff’s second amended complaint must be dismissed because she does not allege that she exhausted administrative remedies. Defendant offers no proof of failure to exhaust (e.g., seeking judicial notice of the absence of any record of an administrative claim). Its judicial-notice evidence is limited to proof of the existence of the