Judge: Marcella O. Mclaughlin, Case: 37-2023-00012426-CL-MC-CTL, Date: 2024-04-12 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - April 11, 2024

04/12/2024  09:00:00 AM  C-72 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Marcella O McLaughlin

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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, 12/15/2023

A. Defendant's demurrer to the FAC is SUSTAINED without leave to amend.

'[A] trial court may properly sustain a general demurrer to a declaratory relief action without leave to amend when...the controversy presented can be determined as a matter of law.' City of Fresno v. California Highway Com. (1981) 118 Cal.App.3d 687, 699.

In this case, plaintiff seeks a declaration that the Board of Equalization has unconstitutionally interpreted Government Code section 11124 to permit attendees to speak anonymously at public meetings.

However, as the court noted in its ruling on defendant's previous demurrer, '[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...and provides no compelling reason for a court to attempt to direct the manner by which the agency shall administer the law.' Zetterberg v. State Dept. of Public Health (1974) 43 Cal.App.3d 657, 663-64.

Moreover, even if the requested declaration gave rise to a judicial controversy, plaintiff has failed to allege facts to support his claim that section 11124 violates equal protection under the United States or California Constitutions. 'The first prerequisite to a meritorious claim under the equal protection clause is a showing that the state has adopted a classification that affects two or more [s]imilarly situated groups in an unequal manner.' In re Eric J. (1979) 25 Cal.3d 522, 530. No such facts are alleged here.

While plaintiff may believe that it is unfair for attendees to hide behind a cloak anonymity, this argument is more properly addressed to the Legislature. '[E]qual protection is not license for courts to judge the wisdom, fairness, or logic of legislative choices.' F.C.C. v. Beach Communications, Inc. (1993) 508 U.S.

307, 313.

This ruling is dispositive of the entire action. All future dates, including the CMC set for today (ROA 77), are hereby vacated. Defense counsel is directed to submit a proposed judgment of dismissal for the court's signature.

B. Plaintiff's unopposed 'motion to enforce' – which does not contain a proof of service – is denied as moot in light of the court's ruling on defendant's demurrer.

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