Defendant_county_of_san_diegos_notice_of_demurrer_and_demurrerDemurrerCal. Super. - 4th Dist.November 13, 2019OW O e N N nn BE W N N O N N N RN N N N N e e e m e m e m t e e m 0 0 ~~ & Wh hh W N = O WwW 0 N N Bs W N — OO THOMAS E. MONTGOMERY, County Counsel (State Bar No. 109654) County of San Diego By CHRISTOPHER J. WELSH, Senior Deputy (State Bar No. 120766) SYLVIA S. ACEVES, Senior Deputy (State Bar No. 267381) 1600 Pacific Highway, Room 355 San Diego, California 92101-2469 Telephone: (619) 557-4039; (619) 531-5244; Facsimile: (619) 531-6005 E-mail: christopher.welsh@sdcounty.ca.gov E-mail: selvia.acevesigsdeounty.ca.gov (Exempt from Filing Fees Pursuant to Gov’t Code § 6103) Attorneys for Defendant County of San Diego SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN DIEGO, CENTRAL DIVISION KURT HEITMANN, Individually and as Father ) Case No. 37-2019-00060502-CU-PO-CTL to TREVOR JAMES HEITMANN and As ) Action Filed: November 13, 2019 Personal Representative of the Estate of } [IMAGED FILE] TREVOR JAMES HEITMANN, Deceased; ) BITA HEITMANN, Individually and As Mother ) DEFENDANT COUNTY OF otf oe SE ig : SAN DIEGO'S NOTICE OF ersonal Representative of the Estate o TREVOR JAMES HEITMANN, Deceased) DEMURRER AND DEMURRER Panis, | pu Jay 150m Dept: C-66 ve ) ICJ: Hon. Kenneth J. Medel CITY OF SAN DIEGO; COUNTY OF ) SAN DIEGO; COMMUNITY RESEARCH ) FOUNDATION, INC. dba PERT ) PSYCHIATRIC EMERGENCY RESPONSE ) TEAM; and DOES 1 through 50, inclusive, Defendants. ) TO: ALL PARTIES AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that on May 15, 2020 at 9:00 a.m., or as soon thereafter as the matter may be heard, in Department C-66 of the above court, located at 330 West Broadway, San Diego, California 92101, before the Honorable Kenneth J. Medel, Defendant County of San Diego (“County”) will and hereby does demur to Plaintiffs’ entire Complaint and each cause of action therein pursuant to California Code of Civil Procedure section 430.10. DEFENDANT COUNTY OF SAN DIEGO’S NOTICE OF DEMURRER AND DEMURRER OO 0 ~ ~ ] & Wn BR W N N O N O N RN N N N N N e m e m e m e m e m e d e s = 0 ~ 1 O N W h BA W N = O W w oe N N W N = Oo This demurrer is based upon this notice, upon the accompanying memorandum of points and authorities, upon the declaration of Sylvia S. Aceves, upon all other matters of which this Court may take judicial notice, and on all pleadings and papers on file in this action, and upon such other matters as may be presented to the Court at the time of the hearing, Wherefore, the County prays that this demurrer be sustained without leave to amend, that Plaintiffs take nothing on their Complaint, and that their Complaint be dismissed at Plaintiffs’ cost. NOTICE IS FURTHER GIVEN that a tentative ruling will be made available no later than 4:00 p.m. on the court day prior to the scheduled hearing. The tentative ruling will be issued in conformance with the tentative ruling procedures set forth in Rules 3.1308 and 3.1308(a)(2) of the California Rules of Court, and no notice of intent to appear is required to appear for oral argument. The tentative ruling may be obtained by calling the court at (619) 450-7381 or on the court’s website at: http:/www.sandiego.courts.ca.gov. DEMURRER L WRONGFUL DEATH Plaintiffs’ Complaint fails to state causes of action against the County for wrongful death because the Complaint contains no facts demonstrating the County failed to discharge a mandatory duty under Government Code Section 815.6. IL. PUBLIC ENTITY NEGLIGENCE —- WRONGFUL DEATH Plaintiffs’ Complaint fails to state causes of action against the County for public entity negligence - wrongful death because Plaintiffs’ Complaint alleges no facts demonstrating the County breached its mandatory duties set forth in Welfare and Institutions Code Sections 5150, 5150.5 and SDPD Procedure No. 6.28. 111 Fd 111 2 DEFENDANT COUNTY OF SAN DIEGO’S NOTICE OF DEMURRER AND DEMURRER O 0 0 ~ o n B W o o ~ J aN wn E r Ww No p — o \ O o o ~ aN hn da Wo No — o IIL. NEGLIGENCE - SURVIVOR CAUSE OF ACTION Plaintiffs fail to state a cause of action against the County for negligence because, in the absence of a statute that provides both liability and the abrogation of immunities, the County is immune from suit. DATED: December 19, 2019 THOMAS E. MONTGOMERY, County Counsel IRISTOPHER J. WELSH, Senior Deputy SYLVIA S. ACEVES, Senior Deptty Attorneys for Defendant County of San Diego 3 DEFENDANT COUNTY OF SAN DIEGO’S NOTICE OF DEMURRER AND DEMURRER
