RONALD D. CARTER VS. STATE OF CALIFORNIA

SF Superior Court - Law & Motion / Discovery Dept 301 - CPF24518545 - November 19, 2025 Hearing date: November 19, 2025 Case number: CPF24518545 Case title: RONALD D. CARTER VS. STATE OF CALIFORNIA Case Number: | | CPF24518545 | Case Title: | | RONALD D. CARTER VS. STATE OF CALIFORNIA | Court Date: | | 2025-11-19 09:00 AM | Calendar Matter: | | DEMURRER to PETITION FOR WRIT OF MANDATE/ PROHIBITION/ CERTIFICATION | Rulings: | | On the Law and Motion/Discovery calendar for November 19, 2025, line 1. RESPONDENT STATE OF CALIFORNIA'S DEMURRER to PETITION FOR WRIT OF MANDATE/ PROHIBITION/ CERTIFICATION.

Defendant/respondent the State of California demurs to the amended petition for writ of mandate. The demurrer is sustained with leave to amend.

This court previously sustained a demurrer to petitioner Ronald Carter's petition for writ of mandate or prohibition. The court granted leave to amend. Mr. Carter has refiled his pleading as a complaint. The State demurs on the ground that a petition may not be restyled as a complaint. Given the liberal pleading standard and the fact that no prejudice is shown, the court exercises its discretion to accept this amendment. However, Mr. Carter still fails to allege compliance with the Government Claims Act, and the State again demurs on this basis. Mr. Carter offers to amend. Because the court must grant leave unless it is clear that no claim can be stated, the court grants leave to amend. Mr. Carter shall amend within 30 days of entry of this order.

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