Hayes

Hayes v. the Regents of the University of California CA4/1

Good Law
Court of Appeal of CaliforniaAugust 26, 2016D068670California1,327 words

Opinion

Opinion

Aaron, J.

I.

INTRODUCTION

Plaintiff Elbert Hayes, appearing in propria persona, appeals a judgment of

dismissal following the trial court's sustaining, without leave to amend, a demurrer filed

by defendant, The Regents of the University of California.

Because Hayes has not met his burden as the appellant to demonstrate reversible

error, we affirm the judgment.

II.

FACTUAL AND PROCEDURAL BACKGROUND

As of February 23, 2015, defendant had a demurrer pending with respect to the

operative complaint filed by Hayes in this action. The hearing date for that demurrer was

May 15, 2015.1 Despite the pending demurrer, on February 23, Hayes filed an amended

complaint in which he alleged three causes of action against defendant arising from

claims related to Hayes's former employment with defendant.

At a case management conference held on March 13, 2015, the trial court

informed Hayes that he had to serve defendant with his recently-filed amended

complaint. Defendant had indicated that upon service of the amended complaint,

Although Hayes asserts in briefing that he filed a complaint against defendant on October 15, 2013, the appellate record does not contain this…

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