2017-00213034-CU-PO

Gerald Malley vs. The State of California

Nature of Proceeding: Hearing on Demurrer to the Third Amended Complaint (Nichols)

Filed By: Douglas, William J.

Defendant Dave Nichol’s demurrer to Plaintiffs’ third amended complaint is UNOPPOSED and is SUSTAINED WITHOUT LEAVE TO AMEND.

In this action, Plaintiffs allege that in 2006 Tehama County law enforcement officials and state parole officers conspired to unlawfully arrest, prosecute, and convict Plaintiffs for drug crimes. Defendant is alleged to be a parole officer and employed by the California Department of Corrections and a member of “TARGET Gang Task Force.” Plaintiffs convictions were reversed in 2009 due to faulty jury instructions and the case remanded back to Tehama County Superior Court.

Plaintiffs filed their original complaint on May 24, 2017.

Defendant demurs to the entire action on the grounds that: (1) Plaintiffs’ action is barred by the applicable two-year statute of limitations (CCP 335.1), and (2) Plaintiffs’ action is barred by the immunities granted to Defendant under Civil Code section 47 (b); Government Code sections 818.8, 820.2, 820.4, 821.6; and Penal Code 847.

Defendant also demurs to each cause of action for failure to state facts.

This is Defendant’s third demurrer to the complaint. Plaintiffs have not opposed any of the demurrers. The Court construes Plaintiffs’ failure to once again oppose the motion as a concession on the merits. Given that Plaintiffs have had three opportunities to oppose the demurrers and three opportunities to amend the complaint, the Court declines to grant leave to amend.

Defendant shall submit a formal order for the Court’s signature pursuant to CRC Rule 3.1312.

Item 12 2017-00213034-CU-PO

Gerald Malley vs. The State of California

Nature of Proceeding: Hearing on Demurrer to the Third Amended Complaint (County of

Filed By: Foote, Stephanie P.

Defendants County of Tehama, Gregg Cohen, and Eric Clay’s(collectively “Defendants”) demurrer to Plaintiffs’ third amended complaint is UNOPPOSED and is SUSTAINED WITHOUT LEAVE TO AMEND.

In this action, Plaintiffs allege that Tehama County law enforcement officials and state parole officers conspired to unlawfully arrest, prosecute, and convict Plaintiffs for drug crimes. Plaintiffs’ sentences included restitution to be paid to Victims Compensation Board. Plaintiffs convictions were reversed in 2009 due to faulty jury instructions and the case remanded back to Tehama County Superior Court.

Plaintiffs filed their original complaint on May 24, 2017.

Defendants specially and generally demur on the following grounds: (1) all of Plaintiffs’ causes of action are time-barred and no tolling applies, (2) Plaintiffs’ state law claims are barred by the failure to comply with the California Government Claims Act, (3) the County of Tehama and Gregg Cohen are immune from liability, (4) failure to plead sufficient facts, and (4) uncertainty.

This is Defendants’ third demurrer to the complaint. Plaintiffs have not opposed any of the demurrers. The Court construes Plaintiffs’ failure to once again oppose the motion as a concession on the merits. Given that Plaintiffs have had three opportunities to oppose the demurrers and three opportunities to amend the complaint, the Court declines to grant leave to amend.

Defendants shall submit a formal order for the Court’s signature pursuant to CRC Rule 3.1312.

Item 13 2017-00213034-CU-PO

Gerald Malley vs. The State of California

Nature of Proceeding: Hearing on Demurrer to the Third Amended Complaint (State of Ca)

Filed By: Sapoznikow, Michael

Defendants State of California by and through California Victims Compensation Board and California Franchise Tax Board’s (collectively “Defendants”) demurrer to Plaintiffs’ third amended complaint is UNOPPOSED and is SUSTAINED WITHOUT LEAVE TO AMEND.

In this action, Plaintiffs allege that Tehama County law enforcement officials and state parole officers conspired to unlawfully arrest, prosecute, and convict Plaintiffs for drug crimes. Plaintiffs’ sentences included restitution to be paid to Victims Compensation Board. Plaintiffs convictions were reversed in 2009 due to faulty jury instructions and the case remanded back to Tehama County Superior Court. Plaintiffs allege that the Franchise Tax Board (on behalf of Victims Compensation Board), improperly attempted to collect the restitution, the last attempt being made in May 2015.

Plaintiffs filed their original complaint on May 24, 2017.

Defendants specially demur to the entire action on the following grounds: (1) Plaintiffs fail to sufficiently allege compliance with the Government Claims Act, (2) the complaint is barred by the applicable statute of limitations under the Government Claims Act, and (3) the complaint is uncertain.

Defendants also demur to each cause of action as specified in the demurrer.

This is Defendants’ third demurrer to the complaint. Plaintiffs have not opposed any of the demurrers. The Court construes Plaintiffs’ failure to once again oppose the motion as a concession on the merits. Given that Plaintiffs have had three opportunities to oppose the demurrers and three opportunities to amend the complaint, the Court declines to grant leave to amend.

Defendants shall submit a formal order for the Court’s signature pursuant to CRC Rule 3.1312.