2017-00215483-CU-DF

Stacey Glass-Smith vs. Ca. Dept. of Health Care Services

Nature of Proceeding: Hearing on Demurrer (Ca. Dept. of Health Care Services)

Filed By: Dieu, Loren E.

Defendant California Department of Health Care Services’ Demurrer to the Plaintiff’s Complaint is unopposed and is SUSTAINED, with leave to amend.

Plaintiff Stacey Glass-Smith’s original Complaint sets forth five causes of action: the 1st for retaliation for being a whistleblower (Labor Code § 1102.5, et seq.); the 2nd for racial discrimination (FEHA); the 3rd for retaliation (FEHA); the 4th for failure to prevent discrimination and retaliation (FEHA); and the 5th for defamation. All causes of action are alleged against Defendant California Department of Health Care Services.

Although Plaintiff filed a “Opposition to Defendants’ Demurrers and Motions to Strike”, it consists of a single page (notice of motion) followed by a proof of service. The motion lacks a memorandum of points and authorities in support. The absence of the memorandum may be construed by the court as an admission that the motion is not meritorious and cause for its denial. C.R.C., Rule 3.1113(a). The requirements of points and authorities are the same for opposing papers.

Plaintiff’s failure to oppose is taken as a concession to the merits of the demurrer, on the grounds set forth in the moving papers.

The Court notes that plaintiff’s counsel has failed to meet and confer in person or by telephone with defense counsel, as required by C.C.P., sec. 430.41. The rules are applicable to all counsel and will be enforced. The Court only makes an exception in this instance as the demurer is treated as unopposed.

Plaintiff shall file and serve her First Amended Complaint not later than Monday, Feb. 26, 2018. The responsive pleading shall be due filed and served 30 days thereafter (or 35 days, if service is by mail).

The minute order is effective immediately. No formal order pursuant to CRC Rule 3.1312 or further notice is required.

Item 18 2017-00215483-CU-DF

Stacey Glass-Smith vs. Ca. Dept. of Health Care Services

Nature of Proceeding: Hearing on Demurrer (Brenda Grealish and Charles Anders)

Filed By: Dieu, Loren E.

Defendants Brenda Grealish and Charles Anders’ Demurrer to the Plaintiff’s Complaint is unopposed and is SUSTAINED, with leave to amend.

Plaintiff Stacey Glass-Smith’s original Complaint sets forth five causes of action: the 1st for retaliation for being a whistleblower (Labor Code § 1102.5, et seq.); the 2nd for racial discrimination (FEHA); the 3rd for retaliation (FEHA); the 4th for failure to prevent discrimination and retaliation (FEHA); and the 5th for defamation. Only the 5th cause of action for defamation is alleged against moving defendants.

Although Plaintiff filed an “Opposition to Defendants’ Demurrers and Motions to Strike”, it consists of a single page (notice of motion) followed by a proof of service. The motion lacks a memorandum of points and authorities in support. The absence of the memorandum may be construed by the court as an admission that the motion is not meritorious and cause for its denial. C.R.C., Rule 3.1113(a). The requirements of points and authorities are the same for opposing papers.

Plaintiff’s failure to oppose is taken as a concession to the merits of the demurrer, on the grounds set forth in the moving papers.

The Court notes that plaintiff’s counsel has failed to meet and confer in person or by telephone with defense counsel, as required by C.C.P., sec. 430.41. The rules are applicable to all counsel and will be enforced. The Court only makes an exception in this instance as the demurrer is treated as unopposed.

Plaintiff shall file and serve her First Amended Complaint not later than Monday, Feb. 26, 2018. The responsive pleading shall be due filed and served 30 days thereafter (or 35 days, if service is by mail).

The minute order is effective immediately. No formal order pursuant to CRC Rule 3.1312 or further notice is required.

Item 19 2017-00215483-CU-DF

Stacey Glass-Smith vs. Ca. Dept. of Health Care Services

Nature of Proceeding: Motion to Strike

Filed By: Dieu, Loren E.

Defendants’ Motion to Strike specified portions of the Plaintiff’s Complaint is MOOT, as the Demurrers have been concurrently SUSTAINED, with leave to amend.

Plaintiff shall file and serve her First Amended Complaint not later than Monday, Feb. 26, 2018. The responsive pleading shall be due filed and served 30 days thereafter (or 35 days, if service is by mail).