Judge: Marcella O. Mclaughlin, Case: 37-2023-00049892-CU-PO-CTL, Date: 2024-05-10 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - May 09, 2024

05/10/2024  09:00:00 AM  C-72 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Marcella O McLaughlin

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Civil - Unlimited  PI/PD/WD - Other Demurrer / Motion to Strike 37-2023-00049892-CU-PO-CTL E.P. VS CAJON VALLEY UNION SCHOOL DISTRICT [IMAGED] CAUSAL DOCUMENT/DATE FILED: Demurrer, 03/19/2024

The District's demurrer to the SAC is SUSTAINED in part and OVERRULED in part.

A. As an initial matter, the court notes that plaintiff improperly filed the SAC (ROA 19) without seeking leave of court or obtaining a stipulation from the District. See Code Civ. Proc. § 472(a); Hedwall v. PCMV, LLC (2018) 22 Cal.App.5th 564, 574-75. Nevertheless, the court exercises its discretion and will consider the unauthorized pleading in ruling on the demurrer. See Keeble v. Brown (1954) 123 Cal.2d 126, 129 ('The trial court has a wide discretion in the granting of amendments to pleadings.'); see also Kapitanski v. Von's Grocery Co. (1983) 146 Cal.App.3d 29, 32 ('Rigid rule following is not always consistent with a court's function to see that justice is done.').

B. The demurrer to count 1 is overruled. While the court recognizes that the District cannot be liable for negligence as a matter of law (Gov. Code § 815), it may be vicariously liable for injuries caused by the negligence of its employees. See Gov. Code § 815.2; see also Castro v. Los Angeles Bd. of Education (1976) 54 Cal.App.3d 232, 235. Here, liberally construing the SAC, the court finds that sufficient facts have been pled to state a claim against the District based on the acts and/or omissions of its employees.

(SAC at ¶¶ 19, 26, 34.) C. The demurrer to count 2 is sustained with leave to amend. Insufficient facts have been pled showing that the District knew or had reason to know that any employee involved in the subject incident was unfit and/or incompetent. See CACI 426.

D. The demurrer to count 3 is sustained with leave to amend.

A public entity may be directly liable for a failure to discharge a statutory duty imposed on the entity itself. Gov. Code § 815.6. Three elements must be satisfied: '(1) a mandatory duty was imposed on the public entity by an enactment; (2) the enactment was designed to protect against the particular kind of injury allegedly suffered; and (3) the breach of the mandatory statutory duty proximately caused the injury.' B.H. v. County of San Bernardino (2015) 62 Cal.4th 168, 179.

In this case, none of the statutes and enactments cited in the SAC create a mandatory duty within the meaning of section 815.6. See, e.g., Hoff v. Vacaville Unified School Dist. (1998) 19 Cal.4th 925, 939 (Education Code section 44807 does not impose duty on school districts); see also Clausing v. San Francisco Unified School Dist. (1990) 221 Cal.App.3d 1224, 1241 (Article 1, Section 28 of California Constitution imposes no mandatory duties to ensure or to guarantee the protection of the particular stated right to safe schools).

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3077073  12 CASE NUMBER: CASE TITLE:  E.P. VS CAJON VALLEY UNION SCHOOL DISTRICT [IMAGED]  37-2023-00049892-CU-PO-CTL E. 'Liberality in permitting amendment is the rule, if a fair opportunity to correct any defect has not been given.' Angie M. v. Superior Court (1995) 37 Cal.App.4th 1217, 1227. Accordingly, plaintiff is granted leave to amend counts 2 and 3. The third amended complaint must be filed and served by May 20, 2024.

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