Demurrer to the First Amended Complaint (FAC); Motion to Strike the First Amended Complaint (FAC)
PLACER COUNTY SUPERIOR COURT FRIDAY, CIVIL LAW AND MOTION DEPARTMENT 1 COMMISSIONER CHRISTINE S. DEHR TENTATIVE RULINGS FOR JULY 24, 2026 AT 8:30 A.M.
16. S-CV-0055995 PANASYUK, BENJAMIN v. COUNTY OF PLACER
Defendant City of Folsom’s Demurrer to the First Amended Complaint (FAC)
The demurrer is sustained in its entirety with leave to amend.
The second cause of action for negligence is deficiently pleaded as it fails to sufficiently allege facts to support a cause of action for liability against defendant. (Government Code section 815; Ibarra v. California Coastal Comm. (1986) 182 Cal.App.3d 687, 692.)
The second amended complaint shall be filed and served by August 24, 2026.
The court, on its own motion, continues the case management conference to FRIDAY, DECEMBER 11, 2026 AT 9:00 A.M. IN DEPARTMENT 1.
Defendant City of Folsom’s Motion to Strike the First Amended Complaint (FAC)
The motion to strike is granted in its entirety without leave to amend.
The allegations stated against defendant in paragraphs 8, 63, 83, and 89 are irrelevant and inconsistent with the additional allegations pleaded against defendant in the remainder of the FAC.
Paragraphs 8, 63, 83, and 89 are stricken as it pertains to defendant City of Folsom without leave to amend.
The court, on its own motion, continues the case management conference to FRIDAY, DECEMBER 11, 2026 AT 9:00 A.M. IN DEPARTMENT 1.
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PLACER SUPERIOR COURT – DEPARTMENT 1 Friday Civil Law and Motion – Tentative Rulings
PLACER COUNTY SUPERIOR COURT FRIDAY, CIVIL LAW AND MOTION DEPARTMENT 1 COMMISSIONER CHRISTINE S. DEHR TENTATIVE RULINGS FOR JULY 24, 2026 AT 8:30 A.M.
16. S-CV-0055995 PANASYUK, BENJAMIN v. COUNTY OF PLACER
Defendant City of Auburn’s Demurrer to the First Amended Complaint (FAC)
Ruling on Request for Judicial Notice
Defendant’s request for judicial notice is granted pursuant to Evidence Code section 452.
Ruling on Demurrer
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The demurrer is sustained in its entirety with leave to amend.
None of the five causes of action pleaded against defendant allege sufficient facts to support the alleged claims. (Government Code section 815; Ibarra v. California Coastal Comm. (1986) 182 Cal.App.3d 687, 692.)
The second amended complaint shall be filed and served by August 24, 2026.
The court, on its own motion, continues the case management conference to FRIDAY, DECEMBER 11, 2026 AT 9:00 A.M. IN DEPARTMENT 1.
Defendant City of Auburn’s Motion to Strike the First Amended Complaint (FAC)
In light of the court’s ruling on the demurrer, the motion to strike is dropped as moot.
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PLACER SUPERIOR COURT – DEPARTMENT 1 Friday Civil Law and Motion – Tentative Rulings