Motion AmendedCal. Super. - 6th Dist.September 28, 2021Electronically Filed by Superior Court of CA, County of Santa Clara, on 1/7/2022 3:09 PM Reviewed By: A. Villanueva Case #21CV388845 Envelope: 8010891 21CV388845 Santa Clara - Civil A. Villanueva fl N k) N N [\) N N N N fl H H H 9-: p-d H- H H H 00 fl ON ‘11 A W N r-I O \O 00 ‘4 ON U} h DJ N '-‘ O SPINELLI, DONALD & NOTT A Professional Corporation ROSS R. NOTT, SBN: 172235 THOMAS R. BOSWELL, SBN: 325656 601 University Avenue, Suite 225 Sacramento, California 95825 Telephone: (916) 448-7888 Facsimile: (916) 448-6888 Attorneys for Defendant LOS GATOS UNION SCHOOL DISTRICT SUPERIOR COURT 0F THE STATE 0F CALIFORNIA COUNTY OF SANTA CLARA JOHN DOE, a minor by and through is Guardian Case No.: 21CV388845 ad Litem, MATTHEW DOE, and JOHN DOE 2, an individual DEFENDANT LOS GATOS UNION SCHOOL _ , DISTRICT’S AMENDED NOTICE OF PlalntlffS, DEMURRER AND DEMURRER TO PLAINTIFFS’ FIRST AMENDED V- COMPLAINT LOS GATOS UNION SCHOOL DISTRICT, DATE: MaI'Ch 22a 2022 JOSEPH BRIAN HOUG, an individual and ROES TIME= 9:00 am- - - DEPT.: 20 1 through 25, 1nclu51ve, [FEES EXEMPT PURSUANT TO GOVERNMENT CODE SECTION 6103] Complaint Filed: September 28, 2021 Trial Date: Not Set Defendants. TO PLAINTIFFS AND THEIR ATTORNEYS 0F RECORD: PLEASE TAKE NOTICE that on March 22, 2022 at 9:00 a.m. in Department 20 of the above entitled Court located at 191 N. First Street, San Jose, CA 951 13, Defendant Los Gatos Union School District (“Defendant”) will, and hereby does, move the Court for an order sustaining its demurrer t0 Plaintiffs’ First Amended Complaint filed November 5, 2021, without leave to amend. Defendant’s Demurrer is made pursuant t0 Code of Civil Procedure §430.10(e) as follows: Demurrer to Third Cause 0f Action - Tome Bane Civil rights Act Violation: The third cause 0f action fails to state facts sufficient to constitute a cause of action as t0 this demurring party. l DEFENDANT LOS GATOS UNION SCHOOL DISTRICT’S AMENDED NOTICE OF DEMURRER AND DEMURRER TO PLAINTIFFS’ FIRST AMENDED COMPLAINT \oooq‘oxmAwN-a p-t-It-Av-IHt-t-an-a \JCNl/ILUJNHO I 19 20 21 22 23 24 25 26 27 28 Plaintiffs, among other things, improperly asserts the following cause of action against Defendant: Third Cause 0f Action - Tom Bane Civil Rights Act Violation, Civil Code § 52.1. The aforementioned cause 0f action is subject t0 demurrer, either because it is not a Viable claim against Defendant, or because it is based upon conclusory allegations without the requisite supporting facts necessary t0 survive demurrer. As part of Plaintiffs’ prayer, Plaintiffs’ seek injunctive relief against Defendant under Civil Code § 52. 1. Pursuant to California Rule of Court 3.1322(b), Defendant has filed a concurrent Motion to Strike to eliminate from the First Amended Complaint Plaintiffs’ prayer item #3 for injunctive relief because the statutory basis for such relief, Civil Code § 52.1, is not a valid cause of action against Defendant. This demurrer is based on this Notice of Demurrer and Demurrer, the separately filed Memorandum of Points and Authorities, the declaration 0f Thomas R. Boswell, the records and files 0f this Court, and 0n such other evidence as the Court deems relevant. Pursuant t0 Civil Local Rule 8(E): The Court follows CRC 3.1308(a)(1) for those departments that have elected to issue tentative rulings in civil law and motion and discovery matters. Counsel and litigants are responsible for determining whether the department hearing their motion has made this election. Those departments issuing tentative rulings will d0 so generally by 2:00 p.rn., and no later than 3:00 p.m., on the court day preceding the scheduled hearing. If the Court has not directed oral argument, a party contesting a tentative ruling must give notice of its intention to appear to the other side and the Court no later than 4:00 p.m. on the court day preceding the scheduled hearing. Appearances may be made by telephone (through CourtCall) or in person. The tentative rullng will automatically become the order of the Court 0n the scheduled hearing date if the Court has not directed oral argument and if the contesting party fails to timely notice an objection to the other side and the Court. Tentative rulings will be posted on the Court's website, www.scscourt.org, where further information may be found. If a party does not have access t0 the intemet, the tentative mling may be accessed by calling Court Services at (408) 882-2515. Questions about these procedures may be addressed t0 the specific department where the matter is to be heard. Dated: January , 2022 SPINELLI, DONALD & NOTT /~ /’- _/’ " Ross R/NOTT V 7/THOMAS R. BOSWELL Attorneys for Defendant LOS GATOS UNION SCHOOL DISTRICT 2 DEFENDANT LOS GATOS UNION SCHOOL DISTRICT’S AMENDED NOTICE OF DEMURRER AND DEMURRER TO PLAINTIFFS’ FIRST AMENDED COMPLAINT .5 \OOONOM 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SPINELLI, DONALD & NOTT PROOF 0F SERVICE COURT: Superior Court of California, County of Santa Clara CASE NO.: 21CV388845 CASE NAME: Doe v. Los Gatos Union School District I am a citizen of the United States, employed in the County of Sacramento, State of California. My business address is 601 University Avenue, Suite 225, Sacramento, CA 95825. I am over the age of 18 and not a party to the above-entitled action. I am readily familiar With Spinelli, Donald & Nott’s practice for collection and processing of correspondence for mailing with the United States Postal Service. Pursuant to said practice, each document is placed in an envelope, the envelope is sealed, the appropriate postage is placed thereon and the sealed envelope is placed in the office mail receptacle. Each day’s mail is collected and deposited in a U.S. mailbox at or before the close 0f each day’s business. (Code CiV. Proc., § 1013a(3) or Fed.R.Civ.P.5(a) and 4.1.) On January 7, 2022, I caused the DEFENDANT LOS GATOS UNION SCHOOL DISTRICT’S AMENDED NOTICE OF DEMURRER AND DEMURRER TO PLAINTIFFS’ FIRST AMENDED COMPLAINT the original ofwhich was produced 0n recycled paper, to be served via: K BY ELECTRONIC SERVICE" I caused such document t0 be electronically served by filing said document electronically in accordance with rules of electronically filing documents. See Local Rule 5-135(a); Fed. R. Civ. P. 5(b)(2)(D). B. Robert Allard Mark J. Boskovich Corsiglia McMahon & Allard LLP 96 North Third Street, Suite 620 San Jose, CA 951 12 408/289-141 7 Attorneysfor Plaintifi’ 408/289-8127 (fax) rallard@cmalaw.net mboskovichaficmalawnet kim cmalawnet Steven Clark Attorney at Law 96 N. 3rd Street, Suite 66o San Jose, CA 951 12 Attorneyfor Joseph Brian Houg 408/271 -33245 408/289-1 509 steveclarklaw@aol.com I declare under penalty of perjury under the laws of the State 0f Califo .‘. is true and correct. Executed 0n January 7, 2022, at Sacramento, Cwarni that the foregoing . //////¢ KatePW