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Tentative Ruling: Maria Quevedo vs City of Santa Maria et al

Case Number

25CV02608

Case Type

Unlimited Other PI/PD/WD (23)

Hearing Date / Time

Wed, 10/28/2026 - 10:30

Nature of Proceedings

Demurrer

Tentative Ruling

            The court grants defendants’ requests for judicial notice, as the requests are unopposed. The court grants defendants’ request to strike from the FAC defendant Santa Maria Public Works, as it is not a separate entity from the City of Santa Maria (and thus is not a proper party here).  The court sustains defendants’ demurrer to the second cause of action for general negligence,  with leave to amend, as plaintiffs new paragraphs 7 to 12 fail to meet the standard of particularity for the enumerated statutory provisions relied upon as required under the Government Claims Act.  While the Judicial Council forms are intended to simplify the pleading requirements, they do not obviate the particularity pleading requirements. Plaintiff has 30 days to file second amended pleading. Plaintiff is placed on notice that only one more opportunity likely will be given. 

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