Judge: Armen Tamzarian, Case: 24STCV23676, Date: 2025-04-08 Tentative Ruling

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Case Number: 24STCV23676    Hearing Date: April 8, 2025    Dept: 52

Defendant Los Angeles Unified School District’s Demurrer

Defendant Los Angeles Unified School District (LAUSD) demurs to the entire complaint by plaintiffs Jasmine Bocanegra and Gandha Saldana. 

Sovereign Immunity

            Plaintiffs do not allege sufficient facts to constitute a cause of action against LAUSD, which is a public entity.  “[T]here is no such thing as common law tort liability for public entities; a public entity is not liable for an injury ‘[e]xcept as otherwise provided by statute.’ ”  (Quigley v. Garden Valley Fire Protection Dist. (2019) 7 Cal.5th 798, 803.)  “ ‘[S]overeign immunity is the rule in California; governmental liability is limited to exceptions specifically set forth by statute.’ ”  (County of San Bernardino v. Superior Court (2022) 77 Cal.App.5th 1100, 1108.)  Plaintiffs’ complaint alleges causes of action for general negligence or premises liability.  (Comp., ¶ 10.)  But the complaint does not allege any statute or factual basis to hold LAUSD liable for those causes of action.    

Government Claims Act

            Plaintiffs’ complaint also fails to allege sufficient facts to constitute a cause of action for an independent reason.  “[T]he California Tort Claims Act … establishes certain conditions precedent to the filing of a lawsuit against a public entity.  As relevant here, a plaintiff must timely file a claim for money or damages with the public entity.  [Citation.]  The failure to do so bars the plaintiff from bringing suit against that entity.”  (State of California v. Superior Court (2004) 32 Cal.4th 1234, 1237.)  “[F]ailure to allege facts demonstrating or excusing compliance with this claim presentation requirement subjects a complaint to a general demurrer.”  (Ibid.)

            Plaintiffs do not allege they complied with the California Tort Claims Act.  Their complaint is on Judicial Council form PLD-PI-001.  Paragraph 9 of this form complaint includes boxes to check for: “[  ] Plaintiff is required to comply with a claims statute, and a. [  ] has complied with applicable claims statutes, or b. [  ] is excused from complying because (specify):”  (Comp., p. 2.)  Plaintiffs did not check any of the boxes.  They also do not allege they complied with the California Tort Claims Act in any other portion of the complaint.  Plaintiffs therefore do not allege sufficient facts to constitute a cause of action against LAUSD.   

Disposition

            Defendant Los Angeles Unified School District’s demurrer to the complaint by plaintiffs Jasmine Bocanegra and Gandha Saldana is sustained with 20 days’ leave to amend.