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Motion for Judgment on the Pleadings
22CV016479: A. vs DOE 1 05/28/2026 Hearing on Motion for Judgment on the Pleadings filed by OAKLAND UNIFIED SCHOOL DISTRICT (Defendant) CRS# 134912569911 in Department 17
Tentative Ruling - 05/22/2026 Chad A. Stegeman
The Motion for Judgment on the Pleadings filed by OAKLAND UNIFIED SCHOOL DISTRICT on 05/04/2026 is Denied.
In light of the ruling in West Contra Costa Unified School District v. The Superior Court of Contra Costa County, the Motion of Defendant Oakland Unified School District (Defendant) for Judgment on the Pleadings is DENIED. (Code Civ. Proc., § 438, subd. (c)(1)(B)(ii); West Contra Costa Unified School District v. The Superior Court of Contra Costa County (2024) 103 Cal.App.5th 1243, 1264.)
As Defendant acknowledges, the Court of Appeal decided in West Contra Costa that AB 218s retroactive waiver is not an unconstitutional gift of public funds. (West Contra Costa, supra, 103 Cal.App.5th at p. 1264.) It also reiterated that the power to waive or modify the claims presentation requirement for public entities under specific circumstances lies within the legislatures discretion because tort liability against public entities is a statutory creation. (Id. at p. 1257.)
REQUEST FOR JUDICIAL NOTICE
Defendants Request for Judicial Notice (RJN) is granted as to items 1 and 2, which consist of court records. (Evid. Code, § 452, subd. (d)(1).)
LAW
1. Motion for Judgment on the Pleadings Legal Standard
A motion for judgment on the pleadings performs the same function as a general demurrer but is made after the time for demurrer has expired. (Cloud v. Northrop Grumman Corp. (1998) 67 Cal.App.4th 995, 999
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ANALYSIS
Based on the ruling in Contra Costa alone, which is binding on this Court, Defendants motion for judgment on the pleadings must be denied. 22CV016479: A. vs DOE 1 05/28/2026 Hearing on Motion for Judgment on the Pleadings filed by OAKLAND UNIFIED SCHOOL DISTRICT (Defendant) CRS# 134912569911 in Department 17 The primary and fundamental inquiry in determining whether something can be regarded as a gift is whether the money is to be used for a public or a private purpose. (San Diego County v. Hammond (1936) 6 Cal.2d 709, 721.) It the action is for a public purpose, it is not regarded as a gift. (Ibid.)
A.B. 218 serves the public purpose of exposing long-hidden perpetrators, increasing public awareness of sexual assault and deterring future abuse, thereby increasing public safety, it does not constitute a gift as defined by the California Supreme Court because the public at large benefits from the amendment. (San Diego County v. Hammond (1936) 6 Cal.2d 709, 721.) The Court of Appeal has taken this position in its analysis in Contra Costa, supra, 103 Cal.App.5th 1243, concluding that A.B. 218 does not constitute a gift of public funds.
Defendants Motion for Judgment on the Pleadings rests entirely on this basis, and is therefore DENIED. (Code Civ. Proc., § 438, subd. (c)(1)(B)(ii); Contra Costa, supra, 103 Cal.App.5th 1243.)
If a party does not timely contest the foregoing Tentative Ruling and appear at the hearing, the Tentative Ruling will become the order of the court.
HOW DO I CONTEST A TENTATIVE RULING?
THROUGH ECOURT Notify the Court and all the other parties no later than 4:00 PM one court day before the scheduled hearing, and briefly identify the issues you wish to argue through the following steps: 1. Log into eCourt Public Portal 2. Case Search 3. Enter the Case Number and select Search 4. Select the Case Name 5. Select the Tentative Rulings Tab 6. Select Click to Contest this Ruling 7. Enter your Name and Reason for Contesting 8. Select Proceed
BY EMAIL Send an email to the DEPARTMENT CLERK and all the other parties no later than 4:00 PM one court day before the scheduled hearing. This will permit the department clerk to send invitations to counsel to appear remotely.
BOTH ECOURT AND EMAIL notices are required.