Defendant Victim Compensation & Government Claims Board’s (“Board”) demurrer to
Plaintiff’s second amended complaint (“SAC”) is substantively UNOPPOSED and is
SUSTAINED with leave to amend.

Plaintiff Richard Trainor (“Trainor”) was allegedly injured by unknown assailants and
subsequently filed a claim with the Board, which the Board accepted. Trainor further
alleges that the Board failed to pay his claim and mishandled the claim for years. In
addition, Trainor alleges that certain State or Board employees had conflicts of
interests and took advantage of Trainor. Trainor has pleaded against the Board causes
of action for negligence and intentional tort.

Uncertainty

The demurrer is SUSTAINED as to all causes of action. The allegations are so
ambiguous and disorganized that the Board cannot reasonably be expected to frame a
response. Moreover, Trainor’s current abbreviated citations to statutes and regulations
are difficult to decipher. For example, the Court is not familiar with the citation
“VC/GBC section 647(a)” or “Victims of Crime Regulations 13959-13969.5.” Trainor’s
counsel is directed to cite statutes and regulations in a format
prescribed in either the California Style Manual or the The Bluebook: A Uniform
System of Citation.

Government Tort Claims Act

The Board demurs to the entire complaint on the grounds that Plaintiff fails to
sufficiently allege facts that he timely filed a Tort Claims Act, especially in light of the
purportedly wrongful acts covering a period of over fifteen years. Here, Trainor merely
checked the box to indicate compliance with any claims statutes. “In some cases,
merely checking a box on a Judicial Council form complaint will be sufficient. In other
cases, such as this one, where specific allegations need be alleged, the form
complaint is like a partially completed painting. It is up to the pleader to add the details
that complete the picture.” (People ex rel. Dept. of Transportation v. Superior Court
(1992) 5 Cal.App.4th 1480, 1484.)

Accordingly, the demurrer is SUSTAINED with leave to amend.

Negligence and Intentional Tort

The demurrers are SUSTAINED with leave to amend. The Board demurs on the
grounds that Trainor fails to plead a statutory basis for liability and fails to adequately
allege an intentional tort cause of action. Trainor’s failure to substantively oppose the
motion is a concession on the merits.

The Court reluctantly grants leave to amend. The Court anticipates that no further
leave to amend will be granted.

Plaintiff may file and serve a third amended complaint (“TAC”) by no later than May 19,
2014, Response to be filed and served within 10 days thereafter, 15 days if the TAC is
served by mail. (Although not required by any statute or rule of court, Plaintiff is
requested to attach a copy of the instant minute order to the TAC to facilitate the filing
of the pleading.)