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John Tuttle
07/31/2014 8:13 AM

The following is a partial listing of tentative rulings issued in Amador Superior Court on July 25, 2014. For a complete listing of all rulings, visit amadorcourt.org

13-CVC-08487 Andrew Garcia vs. William Knipp.

Defendant’s Demurrer. The court finds that the acts or omissions complained of are ministerial in nature and defendants are not

afforded immunity for the conduct set forth in plaintiff’s complaint.

Defendants’ general demurrer as to the causes of action for negligence and exemplary damages is sustained for failure to state facts sufficient to constitute a cause of action.

Defendants’ special demurrer as to the “intentional tort” cause of action is sustained as vague and uncertain.

Leave to amend is granted as to all causes of action. Defendant is ordered to plead with particularity the tort upon which the

intentional tort cause of action is based. The Second Amended Complaint must be filed and served on or before August 5, 2014.

Unless a hearing is requested, this ruling is effective immediately. Neither further notice of the ruling nor a formal order per CRC

3.1312 is required.

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