Judge: Blaine K. Bowman, Case: 37-2023-00022052-CU-PO-CTL, Date: 2024-04-26 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - April 18, 2024

04/19/2024  08:30:00 AM  C-74 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Blaine K. Bowman

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Civil - Unlimited  PI/PD/WD - Other Demurrer / Motion to Strike 37-2023-00022052-CU-PO-CTL PERREIRA VS THE CITY OF SAN DIEGO [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Defendants Adam Dewoody and Addison Reeves' demurrer to complaint is SUSTAINED WITHOUT LEAVE TO AMEND.

The complaint identifies the causes of action alleged against Dewoody and Reeves as 'Breach of a Duty of Care' 'Negligence as Public Employee' and 'Prayer for Declaratory Relief and Judgment.' As to the Breach of Duty of Care case of action the complaint alleges: WHEREFORE, Plaintiff demands judgment against the individual Defendants for 'breach of a duty of care' in failing to provide critical and substantial importance to Plaintiff's right to be secured, protected and free from any form of violence that may cause harm or injury.

As to the Negligence as Public Employee cause of action the complaint alleges: WHEREFORE, Plaintiff demands judgment against the individual Defendants for 'negligence' in failing to employ appropriate control measures to de-escalate the situation that should have preserved Plaintiffs right to be secured, protected and free from any form of violence that may cause harm or injury.

Under the Prayer for Declaratory Relief and Judgment cause of action the complaint alleges: 47. Plaintiff alleges and incorporates by reference, the above-stated allegations, therefore request a judicial determination of the violations committed against the rights of Plaintiff Eric Perreira.

The statute of limitations for negligence-based causes of action is the CCP § 335.1 two-year statute of limitations. 'The duration of the limitations period applicable to a declaratory relief action is determined by the nature of the underlying obligation sought to be adjudicated.' Snyder v. California Ins. Guarantee Assn. (2014) 229 Cal.App.4th 1196, 1208 citing Maguire v. Hibernia Savings & Loan Soc. (1944) 23 Cal.2d 719, 734. As pled, the declaratory relief cause of action is based on the same allegations as the negligence-based causes of action. Thus, the same two-year statute of limitations applies to this cause of action. Similarly, to the extent Plaintiff is pursuing a civil rights claim under 42 U.S.C. § 1983, the same two-year statute of limitations applies. Maldonado v. Harris (9th Cir. 2004) 370 F.3d 945, 954-955.

The complaint alleges that the events giving rise to Plaintiff's claims occurred 'within October 31, 2008 through November 19, 2018' [Cplt. ¶ 11]. A review of the court file shows that Plaintiff's complaint was filed on May 23, 2023, more than two-years thereafter. As such, Plaintiff's complaint against Dewoody and Reeves is barred by the statute of limitations.

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3100195  4 CASE NUMBER: CASE TITLE:  PERREIRA VS THE CITY OF SAN DIEGO [IMAGED]  37-2023-00022052-CU-PO-CTL In opposition Plaintiff argues that Plaintiff's 'Defamation and Injurious Falsehood' and 'Disturbing the Peace and Misdemeanor' causes of action are more complex than a cause of action for personal injury.

However, these causes of action are not alleged against Dewoody and Reeves. Although Plaintiff also argues that Plaintiff's claims go beyond personal injury claims, Plaintiff fails to identify any potential cause of action that is not barred by the statute of limitations.

Even if Plaintiff could overcome the bar of the statute of limitations, Defendants' demurrer would still be sustained based on the absence of allegations showing compliance with the claim presentation requirements of the Government Claims Act [Government Code § 910, et seq.]. State of California v. Superior Court (2004) 32 Cal.4th 1234, 1239 ['failure to allege facts demonstrating or excusing compliance with the claim presentation requirement subjects a claim against a public entity to a demurrer for failure to state a cause of action'].

Plaintiff fails to proffer any facts to cure these pleading deficiencies. Therefore, the court finds Plaintiff fails to demonstrate a reasonable probability the complaint can be amended to plead a basis for liability against Defendants Dewoody and Reeves. Accordingly, Defendants Adam Dewoody and Addison Reeves' demurrer is sustained without leave to amend. Doe v. United States Youth Soccer Assn., Inc.

(2017) 8 Cal.App.5th 1118, 1143 citing Titus v. Canyon Lake Property Owners Assn. (2004) 118 Cal.App.4th 906, 917. See also, Goodman v. Kennedy (1976) 18 Cal.3d 335, 349; Ruinello v. Murray (1951) 36 Cal.2d 687, 690.

If this tentative ruling is confirmed the Minute Order will be the final order of the court and the parties shall not submit any further order on this motion.

Unless the ruling(s) above indicate that an appearance is necessary, parties who wish to submit, who are satisfied with the above tentative ruling(s), and/or who do not otherwise wish to argue the motion(s) are encouraged to give notice to the Court and each other of their intention not to appear.

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