Motion for Attorney Fees
demonstrate that the proposed order was served on the clients as required by rule 3.1362(d).
Moving attorney to give notice.
55 Patricia Long as Trustee for the Finished Barn Family Trust vs. Global Discoveries Ltd., LLC
22-01268095 Motion for Attorney Fees
NO TENTATIVE RULING – Parties to appear on Zoom or in-person.
57 Xia vs. Placentia Yorba Linda Unified School District
24-01403405 Demurrer to Amended Complaint & Motion to Strike Portions of Complaint
Defendant California Commission on Teacher Credentialing (“Commission”) demurs to the First Amended Complaint (“FAC”) filed by Plaintiffs Ye Ying Xia and Aretha Li. The demurrer is SUSTAINED to the fourth cause of action for failure to exercise reasonable diligence to discharge mandatory duty and the fifth cause of action for waste of taxpayer funds. Plaintiff’s request for judicial notice is denied. The requested documents are not matters for which judicial notice is required or permitted. (See Evid. Code, §§ 451-452.)
Should Plaintiff wish to file an amended complaint that addresses the issues in this ruling, Plaintiff must file and serve it on or before June 19, 2026. Plaintiffs are reminded that, when leave to amend is granted upon the sustaining of a demurrer, amendments are limited to the issues addressed in the court’s ruling and generally may not include amendments to causes of action not addressed in the ruling or the addition of new causes of action. (See Community Water Coalition v. Santa Cruz County Local Agency Formation Com. (2011) 200 Cal.App.4th 1317, 1329 [“It is the rule that when a trial court sustains a demurrer with leave to amend, the scope of the grant of leave is ordinarily a limited one. It gives the pleader an opportunity to cure the defects in the particular causes of action to which the demurrer was sustained, but that is all.”].)
In ruling on a demurrer, a court must accept as true all allegations of fact contained in the complaint. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318
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Compliance with the Government Claims Act
In order to pursue a tort claim against a public entity or public employee under California state law, Plaintiffs must establish that they have complied with the claim presentation requirements of the Government Claims Act. (Gov. Code, §§ 945.4, 950.2.) “Before a civil action may be brought against a public entity [or public employee], a claim must first be presented to the public entity and rejected.” (Ocean Servs. Corp. v. Ventura Port District (1993) 15 Cal.App.4th 1762, 1775; Gov. Code, § 950.2.) “[F]ailure to timely present a claim for money or damages to a public entity bars a plaintiff from filing a lawsuit against that