Judge: Joel R Wohlfeil, Case: 37-2023-00056338-CU-MC-CTL, Date: 2024-03-29 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - March 27, 2024

03/29/2024  09:00:00 AM  C-73 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Joel R. Wohlfeil

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Civil - Unlimited  Misc Complaints - Other Demurrer / Motion to Strike 37-2023-00056338-CU-MC-CTL NGUYEN VS THE CITY OF SAN DIEGO [IMAGED] CAUSAL DOCUMENT/DATE FILED: Demurrer, 02/26/2024

The general Demurrer (ROA # 20) of Defendant San Diego County Registrar of Voters, Cynthia L. Paes ('Registrar' or 'ROV') to the cause of action for 'Invalidation of Nomination Signatures' in the Complaint of Plaintiff Thomas Nguyen ('Plaintiff'), is SUSTAINED.

Plaintiff is permitted leave to file and serve a First Amended Complaint ('FAC') within twenty (20) days of this hearing addressing the deficiencies in the pleading (if possible).

Plaintiff's ability to amend is not limited in any way such that plaintiff can allege any facts, claims or causes of action Plaintiff deems appropriate.

Defendant's Request (ROA # 22) for judicial notice is GRANTED IN PART and DENIED IN PART. The Court takes judicial notice of Exh's 'A' and 'B' and the date only on which Exh. 'C' was filed with the Court; otherwise, the Request is DENIED.

Plaintiff's Request (ROA # 25) for judicial notice is GRANTED IN PART and DENIED IN PART. The Court takes judicial notice of the date only on which Exh. 'B' was filed with the Court; otherwise, the Request is DENIED.

The Complaint fails to state a cause of action based on a claim seeking injunctive relief (or writ relief) to compel County action directed at placing plaintiff on the ballot for the 2024 mayoral election. This requested relief is moot because the primary election has already taken place. Pursuant to Elections Code section 13314(a)(2), the Court may grant a pre-election challenge (writ of mandate) only upon proof that doing so 'will not substantially interfere with the conduct of the election.' Regarding the claim for money damages, this Complaint fails to allege compliance with the Government Claims Act claim presentation requirements. Gov. Code 911.2, 945.4.

Finally, the Complaint fails to allege any other coherent claims or causes of action against the County.

Facts are not alleged supporting the claim for damages.

The concurrent Motion to strike portions of the Complaint is also GRANTED.

The Court strikes the following: 'Consideration of punitive damages as a deterrent against future violations.' Complaint at p. 6, lines 196 – 197), as applied to this Defendant.

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3093438 CASE NUMBER: CASE TITLE:  NGUYEN VS THE CITY OF SAN DIEGO [IMAGED]  37-2023-00056338-CU-MC-CTL This allegation is improper because the County is a public entity and cannot be liable for punitive damages. Code Civ. Proc. 435 and 436 and Gov. Code 818.

Any amended pleading cannot reallege this claim as against this Defendant.

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3093438