2011-00114930-CU-CR

Robert Louis Watkins vs. CALPERS

Nature of Proceeding: Hearing on Demurrer

Filed By: Ainsworth, JeanLaurie

Defendant CALPERS’ demurrer to plaintiff’s complaint is UNOPPOSED and is
SUSTAINED without leave to amend, as follows.

Moving counsel is admonished because the notice of demurrer does not provide notice
of the Court’s tentative ruling system, as required by Local Rule 1.06. Moving counsel
is directed to contact plaintiff and advise him of Local Rule 1.06 and the Court’s
tentative ruling procedure and the manner to request a hearing. If moving counsel is
unable to contact plaintiff prior to hearing, moving counsel is ordered to appear
at the hearing in person or by telephone.

Moving counsel is also admonished for failing to comply with CRC Rule 3.1110(b)(3)-
(4).

The complaint in this action purports to allege a single cause of action for “Assault
Under Color of Law” based on defendant’s refusing to assist plaintiff, insulting him,
threatening him with arrest and calling the police “all of which induced Plaintiff to suffer
a heart attack…” (Compl., ¶6.2.) Defendant demurs to the complaint on various grounds including but not limited to
plaintiff’s failure to timely exhaust administrative remedies and/or to timely file a
government tort claim, res judicata (based on plaintiff’s prior action in federal court)
and the failure to state facts sufficient to constitute a valid cause of action against
defendant.

The Court notes that plaintiff did not file any opposition, which is construed as a
concession of the merits of the present demurrer.

Since plaintiff did not file an opposition and has not otherwise shown a reasonable
probability of stating a valid cause of action against the demurring defendant and since
the Court concludes he will be unable to do so, leave to amend is DENIED.

This minute order is effective immediately. Pursuant to CRC Rule 3.1312, defendant
to prepare a formal order and proposed judgment of dismissal.