Demurrer on 1st Amended Complaint
8. Add to judgment who will give notice of entry of judgment, the text of the notice, and how it will be given. CMO ¶ H.15 9. Need to select date to review administrator’s report (judgment, ¶ 28).
3. CASE # CASE NAME HEARING NAME ALONZO vs COUNTY OF RIVERSIDE, OPERATING DEMURRER ON 1ST AMENDED CVRI2600512 AS RIVERSIDE COMPLAINT UNIVERSITY HEALTH SYSTEM Tentative Ruling:
Grant requests for judicial notice, except for Ex. E. County demurs to the First Amended Complaint on two grounds: (1) the pleading fails as a matter of law because the Labor Code section 512.1 does not apply to the County; and (2) pleading discloses a defense to the action that Plaintiff has failed to exhaust for administrative remedies through the grievance procedures set forth in the County’s MOU with the labor union and hence the action is barred. These arguments fail. The inapplicability of Labor Code section 512.1 cannot be inferred from the allegations in the pleading or matters judicially noticeable. Furthermore, the defense based on Plaintiff’s failure to exhaust her administrative remedies cannot reasonably be inferred from the allegations of the pleading or matters judicially noticeable.
Overrule; 20 days to answer.
4. CASE # CASE NAME HEARING NAME ALONZO vs COUNTY OF RIVERSIDE, OPERATING MOTION TO STRIKE 1ST AMENDED CVRI2600512 AS RIVERSIDE COMPLAINT UNIVERSITY HEALTH SYSTEM Tentative Ruling: Withdrawn on August 7.
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