John Chiv: Judge Canning sustains County demurrer in lawsuit filed by Paul Leslie, then takes it under submission

Mar 30, 2022

Judge Canning sustains County demurrer in lawsuit filed by Paul Leslie, then takes it under submission

Judge Timothy Canning tenative ruling was to sustain the demurrer filed by the County with leave to amend in the lawsuit filed by Paul Leslie.

"After argument by attorneys, he took it under submission since he didn't realize the Board of Supervisors had told the real party in interest he couldn't keep the system and denied his appeal," said Ms. Allison Jackson.

The Department of Environmental Health was the initial contact with the real party of interest.

Will Judge Canning's tentative ruling be his final ruling?

Demurrer:

"An objection that an opponent's point is irrelevant or invalid, while granting the factual basis of the point." Oxford Dictionary

"A defense asserting that even if all the factual allegations in a complaint are true, they are insufficient to establish a valid cause of action." Cornell Law

4/4:

On April 4, Judge Canning issued his written ruling and it was to sustain the demurrer filed by the County with leave to amend by Leslie.

"We will amend to add the additional facts as discussed orally at the hearing," Ms. Jackson told me.