17-CIV-04951 YOSELIN YOSEFINA MEDINA VS. CASTANO ELEMENTARY SCHOOL, ET AL.

YOSELIN YOSEFINA MEDINA CASTANO ELEMENTARY SCHOOL
PRO/PER MARK E. DAVIS

DEFENDANTS’ DEMURRER TO PLAINTIFFS’ SECOND AMENDED COMPLAINT FOR DAMAGES TENTATIVE RULING:

The Demurrer of Defendants Ravenswood City School District and Castano Elementary School (“Defendants”) to the Second Amended Complaint of Plaintiffs Yoselin Yosefina Medina and Edgar Franco Medina (“Plaintiffs”) is SUSTAINED WITHOUT LEAVE TO AMEND.

Plaintiffs fail to allege compliance with the Government Claims Act. The court sustained Defendants’ prior demurrer to the First Amended Complaint on this ground, and gave Plaintiffs leave to amend. In the Second Amended Complaint, Plaintiffs still fail to complete paragraph 9 of the Second Amended Complaint by alleging that they complied with the Government Claims Act by filing a claim before bringing this action, or that Plaintiffs are excused from such compliance. (See Second Amended Complaint, para. 9; see also Gov. Code §§ 905, 911.2, 911.4.) Furthermore, while Plaintiffs attach a September 21, 2017 letter from the Santa Clara County Board of Education, this letter pertains to an Interdistrict Attendance Appeal, not a claim by Plaintiffs for money or damages. Finally, Plaintiffs have not opposed this demurrer, and therefore have not established that they will be able to amend to allege such acts.

Additionally, even if Plaintiffs could allege compliance with the Government Claims Act, Plaintiffs still have not identified a statute under which Defendants are liable for Plaintiffs’ injuries. (See Gov. Code § 815(a).)

If the tentative ruling is uncontested, it shall become the order of the Court, pursuant to CRC Rule 3.1308(a)(1), adopted by Local Rule 3.10. If the tentative ruling is uncontested, DEMURRING PARTY is directed to prepare, circulate, and submit a written order reflecting this Court’s ruling verbatim for the Court’s signature, consistent with the requirements of CRC Rule 3.1312. The proposed order is to be submitted directly to Judge Richard H. DuBois, Department 16.