Roberson vs. Orange Unified School District

TENTATIVE RULINGS

LAW & MOTION

DEPT C25

Judge Gassia Apkarian

The court will hear oral argument on all matters at the time noticed for the hearing, unless the Court has stated that the matter is off calendar. Do not call the department to verify if you should appear or not. Please read below for the information. If you would prefer to submit to the Court’s tentative without oral argument, advise all counsel first to find out if all parties are submitting, and then the moving party is to telephone the clerk at (657)622-5225 with the status of all parties. If the moving party has submitted on the matter and there are no appearances by any party at the hearing, the tentative ruling will be the final ruling. Rulings are normally posted on the Internet by 12:00 p.m. the day before the hearing. Generally, motions will not be continued or taken off the calendar after the tentative has been posted. The moving party shall give notice of the ruling.

May 19, 2026 10:00 AM

If you want a transcript, you must provide your own court reporter.

# Case Name Tentative 101 Roberson vs. Orange Unified School District

25-01501917

1. Demurrer to First Amended Complaint Defendant ORANGE UNIFIED SCHOOL DISTRICT (“District”) moves the Court for an order sustaining their demurrer to each and every cause of Action in Plaintiff’s First Amended Complaint. Demurrer is overruled. Defendant’s chief argument is that Plaintiff’s entire FAC is subject to demurrer as Plaintiff’s first through fifth causes of action are all barred by Government Code § 815, which precludes common law tort liability against public entities absent a specific statutory basis. However, the specific statutory basis has been expressly pled in each cause of action. (See FAC¶¶26, 37, 46, 58, 63, 76.)

Defendant makes other arguments that should go to the merits of the case, and not the pleading (such as, whether it is immune, whether Pena had discretion in his conduct, whether Pena was acting in the course and scope of his employment.) Given that all causes of action have identified a statutory basis for government tort liability, Defendant is on notice of the claims pled against it. Defendant to file an Answer within 20 days. Plaintiff to give notice.