Paulsen

Paulsen v. Local No. 856 of International Brotherhood of Teamsters

Good Law
123 Cal. Rptr. 3d 332·193 Cal. App. 4th 823·2011 Cal. App. LEXIS 308
Court of Appeal of CaliforniaMarch 18, 2011No. A126633California4,142 words

Opinion

Lead Opinion

Rivera, J.

Plaintiffs Kathleen Paulsen and others 1 appeal a judgment entered after the trial court sustained without leave to amend the demurrer of defendants Local No. 856 of International Brotherhood of Teamsters (Local 856) and Joe Martinelli to plaintiffs’ putative class action complaint. They contend on appeal that their action was not subject to the exclusive initial jurisdiction of the Public Employment Relations Board (PERB). We affirm.

I. STANDARD OF REVIEW

Our standard of review when considering a challenge to an order granting a demurrer is well settled. “ ‘ “We treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law. [Citation.] We also consider matters which may be judicially noticed.” [Citation.] . . . [W]e give the complaint a reasonable interpretation, reading it as a whole and its parts in their context. [Citation.]’ ” (Sanchez v. Truck Ins. Exchange (1994) 21 Cal.App.4th 1778, 1781 [ 26 Cal.Rptr.2d 812 ].)

II. BACKGROUND

Plaintiffs allege they are current, former, and retired deputy probation officers employed by the County of Marin (the County), and members of Local 856. According to…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.