2013-00145516-CU-DF

Garry Vincelli vs. Department of Justice

Nature of Proceeding: Hearing on Demurrer to Complaint

Filed By: Lewis, Oliver R.

** If oral argument is requested, it will take place in this department at 9:00AM
on Tuesday, November 19, 2013. The request must still be made by 4:00PM
today in compliance with Sacramento County Superior Court Local Rule 1.06. **

The demurrer of Defendant California Department of Justice’s (“DOJ”) to the complaint
of Plaintiff Garry Vincelli (“Vincelli”) on grounds of uncertainty and failure to state a
cause of action is UNOPPOSED and SUSTAINED with leave to amend as follows:

Vincelli, who is representing himself in this action, alleges that DOJ violated federal
statutory law by posting his confidential information to the Megan’s Law Website,
which provides information to the public about certain sex offenders. Vincelli alleges
that other entities have re-posted the information to the Internet, and that said entities
will not remove the information without payment from Vincelli.

Vincelli’s complaint does not contain headings for specific causes of action. Thus,
although Vincelli cites DOJ’s allegedly willful conduct, its negligence and its alleged
breach of the implied covenant of good faith and fair dealing, it is unclear from the
allegations exactly which cause(s) of action are being asserted (e.g., negligence,
breach of contract, etc.)

The demurrer for uncertainty is SUSTAINED with leave to amend. The court agrees
with DOJ that the complaint is uncertain. The court grants Vincelli leave to amend to
file a first amended complaint (“FAC”) that identifies the nature of the cause(s) of
action against DOJ. In amending the complaint, Vincelli is directed to comply with
California Rule of Court 2.112.

DOJ’s demurrer for failure to state a cause of action is SUSTAINED with leave to
amend as well. Vincelli had not alleged that he presented a pre-litigation, written claim under the Government Claims Act or that he is exempt from the claim-presentation
requirements. (See Cal. Gov’t Code § 945.4.)

Vincelli may file and serve an FAC no later than December 2, 2013; DOJ to file and
serve its responsive pleading(s) within 14 days thereafter, 19 days if the FAC is served
by mail. (Although not required by any statute or rule of court, Vincelli is requested to
attach a copy of the instant minute order to the FAC to facilitate the filing of the
pleading.)

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