Judge: Eddie C. Sturgeon, Case: 37-2022-00052128-CU-PO-CTL, Date: 2023-09-29 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - September 28, 2023

09/29/2023  09:00:00 AM  C-67 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Eddie C Sturgeon

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Civil - Unlimited  PI/PD/WD - Other Demurrer / Motion to Strike 37-2022-00052128-CU-PO-CTL DOE VS SWEETWATER UNION HIGH SCHOOL DISTRICT [IMAGED] CAUSAL DOCUMENT/DATE FILED: Demurrer, 04/03/2023

Defendants Sweetwater Union High School District and Christianna Adams' Demurrer is OVERRULED.

Defendants' Motion to Strike is DENIED except that the request for punitive damages is stricken as to Defendant District. The court notes that while only one demurrer and one motion to strike was filed on behalf of both Defendants, they filed separate replies. Because they did not go over the aggregate page limits as would have been afforded if they had only filed joint replies, the court has considered all of the papers but not any new arguments made therein.

A demurrer may be sustained upon defects that appear on the face of the pleading or any matter of which the court takes judicial notice. (Code Civ. Proc., § 430.30.) Courts 'treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions, or conclusions of fact or law.' (Sarale v. Pacific Gas & Electric Co. (2010) 189 Cal.App.4th 225, 245.) A demurrer may be sustained where the pleading 'does not state facts sufficient to constitute a cause of action. (Code Civ.

Proc., § 430.10(e).) If based on the entire complaint or cause of action 'it appears the plaintiff is entitled to any relief at the hands of the court against the defendants the complaint will be held good although the facts may not be clearly stated, or intermingled with a statement of other facts irrelevant to the cause of action shown, or although the plaintiff may demand relief to which he is not entitled under the facts alleged.' (Gressly v. Williams (1961) 193 Cal.App.2d 636, 639; see also id. ['While orderly procedure demands a reasonable enforcement of the rules of pleading, the basic principle of the code system in this state is that the administration of justice shall not be embarrassed by technicalities, strict rules of construction, or useless forms'].) Plaintiff has sufficiently alleged their causes of action at this stage of the proceedings. The court declines to decide at this stage of the proceedings whether attorneys' fees are recoverable. Finally, Plaintiff has conceded that she does not seek punitive damages against the District and only against the individual Defendants.

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