DuRoss

FACTS AND PROCEEDINGS

Because this appeal follows the sustaining of a demurrer without leave to amend, we summarize the underlying facts as alleged in the operative (first amended) complaint. (Landmark Screens, LLC v. Morgan, Lewis & Bockius, LLP (2010) 183 Cal.App.4th 238, 240.) Our summary also includes facts subject to judicial notice. (Evans v. City of Berkeley (2006) 38 Cal.4th 1, 6.) We take judicial notice of our unpublished opinion in People v. DuRoss (Nov. 24, 2010, C065427), in which we noted that DuRoss was sentenced to 69 years to life in 1999 after a jury convicted him of felony sexual battery, felony child endangerment, infliction of corporal punishment on a child, forcible penetration with a foreign object, and rape. DuRoss, now an inmate at the California Medical Facility in Vacaville, commenced this action (DuRoss 1) by filing a complaint against former Governor Arnold Schwarzenegger and State Controller John Chiang (Defendants) in Sacramento County Superior Court on December 7, 2009. The complaint challenged the restitution fine imposed upon him at the time of his conviction noted above. Among other things, the complaint alleged that the restitution fine was…