22CV02471
JULIAN y. SANTA CRUZ PORT DISTRICT
DEMURRER TO COMPLAINT
Defendant Santa Cruz Port District demurrers to Plaintiff's complaint pursuant to Code of
Civil Procedure sections 430.10(e), (f), and (g). The Santa Cruz Port District is a public entity.
Plaintiff has not opposed the demurrer.
A claim must be filed against a public entity as a condition precedent to bringing an
action for money or damages and the entity has either acted on the claim or rejected it. (Gov't
Code §945.4.)
In addition to alleging the presentation and rejection of a claim connected with the
Government Claim’s Act in their complaint, “[tJhe plaintiff must allege facts showing
compliance with or excuse from the Government Claim’s Act and failure to do so is grounds for
demurrer.” (1 Alstyne Govt Tort Liability Practice (CEB 2022) §8:47-48.)
While plaintiff checked the box for compliance with the Government Claims Act, he did
not provide any facts relating to this compliance. This is important as “[t]he facts