Re: Tyson Laycock v. Fresno Unified School District
Superior Court No. 17CECG03901
Hearing Date: Wednesday February 21, 2018 (Dept. 403)
Motion: Defendants’ Demurrer

Tentative Ruling:

To sustain based upon Code of Civil Procedure § 430.10 (e) only.

Plaintiff is granted ten days leave to amend. (Cal. Rules of Court, rule 3.1320, subd. (g).) The time in which an amendment may be filed will run from service by the clerk of the minute order. Changes must be made in bold typeface.

Explanation:

Code of Civil Procedure § 430.10, subd. (e) – Gov’t. Claims Act § 810 et seq.

Generally, no suit for money or damages may be brought against a government entity unless and until a timely claim has been presented pursuant to the Government Claims Act (Gov’t. Code § 810 et seq.), and either acted upon or deemed rejected by the passage of time. (Gov’t. Codes §§ 945.4, 950.2, 912.4; DiCampli-Mintz v. County of Santa Clara (2012) 55 Cal.4th 983, 989-990; Stanley v. City & County of San Francisco (1975) 48 Cal.App.3d 575, 581-582.) In addition, a plaintiff must allege facts showing compliance with or excuse from the Government Claims Act; the failure to do so is grounds for demurrer. (Shirk v. Vista Unified School District (2007) 42 Cal.4th 201, 209 superseded by statute on a different ground in Rubenstein v. Doe No. 1 (2017) 3 Cal.5th 903.)

Here, no facts are plead to indicate compliance with the Government Claims Act.

Sustained.

Code of Civil Procedure § 430.10, subd. (f)

Where a demurrer is made based upon uncertainty, it must distinctly specify exactly how or why the pleading is uncertain, and where such uncertainty appears (by reference to page and line numbers of the complaint). (Fenton v. Groveland Community Services Dist. (1982) 135 Cal.App.3d 797, 809 disapproved on other grounds in Katzberg v. Regents of Univ. of Calif. (2002) 29 Cal.4th 300, 328.)

Here, moving papers do not address the issue of uncertainty. Overruled.

Tentative Ruling
Issued By: KCK on 02/20/18 .
(Judge’s initials) (Date)