Judge: Ronald F. Frazier, Case: 37-2022-00040356-CU-OE-CTL, Date: 2023-09-08 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - September 07, 2023

09/08/2023  08:30:00 AM  C-65 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Ronald F. Frazier

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Civil - Unlimited  Other employment Demurrer / Motion to Strike 37-2022-00040356-CU-OE-CTL DOE VS THE REGENTS OF THE UNIVERSITY OF CALIFORNIA [IMAGED] CAUSAL DOCUMENT/DATE FILED: Demurrer, 02/15/2023

Defendant The Regents of the University of California's Demurrer to Plaintiff's First Amended Complaint is OVERRULED IN PART and SUSTAINED IN PART, without leave to amend. (ROA 24.) As to Plaintiff's fourth, seventh, eighth, and ninth causes of action, the demurrer is overruled. Plaintiff has pled these claims against Defendant with sufficient particularity to survive demurrer. (Govt. Code §§ 815(a) and 815.2; (Lopez v. Southern California Rapid Transit Dist. (1985) 40 Cal.3d 780, 795.) As to Plaintiff's tenth and eleventh causes of action, the demurrer is sustained without leave to amend.

Defendant argued these statutory claims arise from statutes of general application that do not expressly authorize a cause of action against a public entity. Plaintiff did not respond to this argument in her opposition. The court construes the lack of opposition as a concession the causes of action are not sufficiently stated, and that the defect cannot be cured by amendment. Accordingly, leave to amend is denied.

The court observes Plaintiff filed her Complaint using a pseudonym. However, a prefiling order was not submitted allowing the use of a pseudonym. The court will hear from Plaintiff's counsel regarding this issue.

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