Judge: Lee W. Tsao, Case: 23NWCV025352, Date: 2024-07-17 Tentative Ruling

Case Number: 23NWCV025352    Hearing Date: July 17, 2024    Dept: C

E.G. VS. ABC UNIFIED SCHOOL DISTRICT, ET AL.

CASE NO.:  23NWCV02532

HEARING:  7/17/24 @ 9:30 A.M.

#5

TENTATIVE RULING

Defendants’ demurrer and motion to strike to portions of Plaintiff’s Complaint are CONTINUED to October 9, 2024 at 10:30 a.m. in Dept. SE-C. 

Moving Party to give NOTICE.

Defendants’ demurrer and motion to strike were filed on November 27, 2023 and set for hearing on July 17, 2024.  On July 15, 2024, Defendants filed replies to Plaintiff’s oppositions, but the oppositions had not been filed.  Plaintiff filed oppositions on July 16, 2024.  Plaintiff’s counsel states she thought the oppositions had been filed on July 4, 2024, only to realize later, after she returned from vacation, that they had not been filed with the court because the client’s credit card was declined for payment. (Henderson Decl., ¶¶ 2-6.) In the exercise of its discretion, the Defendants’ demurrer and motion to strike are continued to October 9, 2024 at 10:30 a.m. in Dept. SE-C for the Court to consider the opposition and reply briefs. 

Based upon a preliminary review of the briefs, the Court invites supplemental briefing on the following issue: to what extent, if any, are Defendants Crechena Wise, Melissa Christensen, and Melinda Ortiz immune from liability for their alleged conduct in this lawsuit, as individuals and in the official capacities, pursuant to Cal. Govt. Code § 820.2. 

Section 820.2 provides, “Except as otherwise provided by statute, a public employee is not liable for an injury resulting from his act or omission where the act or omission was the result of the exercise of the discretion vested in him, whether or not such discretion be abused.”

Defendants may file and serve their briefs no later than September 16, 2024.  Plaintiff may file and serve a brief no later than September 25, 2024.  No other briefing is permitted absent further order of the Court.