Demurrer to Plaintiff’s Complaint
Hon. Stephanie L. Jamieson Courtroom 8
627 W. 21st Street, Merced
Tuesday, June 23, 2026 8:15 a.m.
The following tentative rulings shall become the ruling of the court unless a party gives notice of intention to appear as follows: 1. You must call (209) 725-4240 to notify the court of your intent to appear.
2. You must give notice to all other parties before 4:00 p.m. of your intent to appear. Per California Rules of Court, rule 3.1308(a)(1), failure to do both items 1 and 2 will result in no oral argument. Note: Notifying CourtCall (the court’s telephonic appearance provider) of your intent to appear does not satisfy the requirement of notifying the court.
Case No. Title / Description
26CV-01893 Dawn Dubois vs California Department of Transportation
Demurrer to Plaintiff’s Complaint
Defendant’s demurrer to Plaintiff’s complaint is SUSTAINED WITH LEAVE TO AMEND.
Defendant’s demurrer to the first cause of action is SUSTAINED WITH LEAVE TO AMEND, on the basis of failure to state facts sufficient to constitute a cause of action.
Here, Plaintiff fails to state a statutory basis for the first cause of action.
Defendant’s demurrer to the second cause of action is SUSTAINED WITH LEAVE TO AMEND, on the basis of failure to state facts sufficient to constitute a cause of action.
As with the first cause of action, Plaintiff fails to state a statutory basis for the second cause of action and also fails to plead facts with particularity.
Plaintiff is to file an amended complaint within ten (10) days of this court’s order.
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