Judge: Christopher K. Lui, Case: 24STCV15495, Date: 2024-11-12 Tentative Ruling

Case Number: 24STCV15495    Hearing Date: November 12, 2024    Dept: 76

            Plaintiff alleges that he was forced to wear an ankle monitor as a condition of Plaintiff’s parole pursuant to Megan’s Law.

Defendant California Department of Corrections and Rehabilitation demurs to the Complaint.

TENTATIVE RULING           

            Defendant did not submit a meet and confer declaration. Although the meet and confer requirement does not apply in “[a]n action in which a party not represented by counsel is incarcerated in a local, state, or federal correctional institution,” (Civ. Proc. Code, § 430.41(d)(1)), there is no indication that Plaintiff in pro per is currently incarcerated.

            As such, the hearing on the demurrer is CONTINUED to December 6, 2024 at 8:30 a.m. Defendant is to attempt to meet and confer with Plaintiff and submit a meet and confer declaration by November 22, 2024.

ANALYSIS

Demurrer

Request For Judicial Notice

            Defendant requests that the Court take judicial notice of the following:

1. Exhibit A: Signed declaration from California Department of Records General Services custodian of documents stating that, after searching the records, they were unable to locate any claims that have been filed with, or presented to, the Government Claims Program that match under the name “Joseph K. Cofey” filed between January 1, 2022 and the present.

The request is DENIED. This is evidence extrinsic to the Complaint which is not subject to judicial notice pursuant to Evid. Code, § 452.

Meet and Confer

            Defendant did not submit a meet and confer declaration. Although the meet and confer requirement does not apply in “[a]n action in which a party not represented by counsel is incarcerated in a local, state, or federal correctional institution,” (Civ. Proc. Code, § 430.41(d)(1)), there is no indication that Plaintiff in pro per is currently incarcerated.

            As such, the hearing on the demurrer is CONTINUED to December 6, 2024 at 8:30 a.m. Defendant is to attempt to meet and confer with Plaintiff and submit a meet and confer declaration by November 22, 2024.