MICHAEL MATHIS, AN INDIVIDUAL, et al. vs THE THACHER SCHOOL, A CALIFORNIA NONPROFIT CORPORATION

2026CUPP063063: MICHAEL MATHIS, AN INDIVIDUAL, et al. vs THE THACHER SCHOOL, A CALIFORNIA NONPROFIT CORPORATION 07/15/2026 in Department 20 Demurrer

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Unless stated otherwise at the hearing, if a formal order is required but not signed at the hearing, the prevailing party shall prepare a proposed order and comply with CRC 3.1312 subdivisions (a), (b), (d), and (e). The signed order shall be served on all parties and a proof of service filed with the court. A "notice of ruling" in lieu of this procedure is not authorized. ______________________________________________________________________________

Motion: Defendant The Thacher School’s Demurrer to the Complaint

Tentative: The Court notes the following deficiencies in the demurrer:

(1) Defendant has failed to comply with California Rule of Court, rule 3.1320 in not filing the demurrer itself; and

(2) Defense counsel has not provided information to establish the parties met and conferred in person, by telephone, or by video conference as required by Code of Civil Procedure section 430.41.

Neither defect is fatal to the demurrer. The Court proceeds to the merits as follows:

(1) Defendant The Thacher School’s special demurrer to the fourth cause of action for intentional infliction of emotional distress, on the ground of uncertainty pursuant to Code of Civil Procedure, section 430.10, subdivision (f), is OVERRULED.

(2) Defendant The Thacher School’s general demurrer to the fourth cause of action for intentional infliction of emotional distress, on the ground of failure to state facts sufficient to

2026CUPP063063: MICHAEL MATHIS, AN INDIVIDUAL, et al. vs THE THACHER SCHOOL, A CALIFORNIA NONPROFIT CORPORATION

constitute a cause of action pursuant to Code of Civil Procedure, section 430.10, subdivision (e) is OVERRULED. Sufficient facts are alleged of extreme and outrageous conduct by the Defendant taken with reckless disregard of the probability of causing Plaintiffs emotional distress, which conduct caused the Plaintiffs to suffer extreme emotional distress.

Defendant shall file and serve its Answer to the Complaint on or before July 27, 2026.

Defendant shall give notice.

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