Tentative ruling issued by Judge STEPHEN P, FRECCERO on May. 04, 2021 in Marin County, CA - Case no: xxxxx724

NATURE OF PROCEEDINGS: HEARING ON DEMURRER — TO PLAINTIFF’S AMENDED COMPLAINT [DEFT] LIEUTENANT ERNST

RULING

The Court previously sustained Defendant’s demurrer because Plaintiff failed to exhaust his administrative remedies and allege facts sufficient to state a. cause of action for negligence. The Court, however, granted leave to amend. Plaintiff has now submitted an amended complaint which fails to cure these defects.

Prisoners must exhaust available administrative remedies before seeking relief from the court. (Wright v. California (2004) 122 Cal.App.4"‘ 659, 664-66.) The Supreme Court held that the exhaustion requirement“ ‘means using all steps that the agency holds out, and doing so properly (so that the agency addresses the issues on the merits).’ ” (Woodfwd v. Ngn (2006) 548 US. 81 , 90‘) This includes compliance with an agency’s deadlines and procedural rules (Id.)

Plaintiff did not cure his failure to exhaust administrative remedies ….....