Judge: Marcella O. Mclaughlin, Case: 37-2023-00012426-CL-MC-CTL, Date: 2023-11-03 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

DEPT.:

EVENT DATE:

EVENT TIME:

HALL OF JUSTICE

TENTATIVE RULINGS - November 02, 2023

11/03/2023  01:30:00 PM  C-72 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Marcella O McLaughlin

CASE NO.:

CASE CATEGORY:

EVENT TYPE:

CASE TITLE: CASE TYPE:

Civil - Limited  Misc Complaints - Other Demurrer / Motion to Strike 37-2023-00012426-CL-MC-CTL SCHAEFER VS STATE OF CALIFORNIA [IMAGED] CAUSAL DOCUMENT/DATE FILED: Demurrer, 08/18/2023

The demurrer to the complaint is SUSTAINED with leave to amend.

'Declaratory relief generally is not available to use the courts to tell an administrative agency how to do its job.' Monterey Coastkeeper v. Central Coast Regional Water Quality Control Board (2022) 76 Cal.App.5th 1, 18. Such is the case here. Plaintiff is attempting to obtain a judicial declaration that the Board of Equalization's statutory duties must be carried out in a certain way, and that its current interpretation of applicable law is incorrect. This is beyond the proper scope of declaratory relief. See Zetterberg v. State Dept. of Public Health (1974) 43 Cal.App.3d 657, 663-64 ('A difference of opinion as to the interpretation of a statute as between a citizen and a governmental agency does not give rise to a justiciable controversy [citation] and provides no compelling reason for a court to attempt to direct the manner by which the agency shall administer the law.').

Plaintiff must file and serve a first amended complaint by November 13, 2023. See Angie M. v. Superior Court (1995) 37 Cal.App.4th 1217, 1227 ('Liberality in permitting amendment is the rule, if a fair opportunity to correct any defect has not been given.').

Calendar No.: Event ID:  TENTATIVE RULINGS

3037643  45