1 EDMUND G. BROWN JR.

Attomey General of Califomia

2 STEPHEN P. AcQUiSTO '
Supervising Deputy Attomey General
3 ANTHONY P. O'BRIEN ¥!LEO/£MDORSpfl
Deputy Attomey General
4 State Bar No. 232650 y /
1300 I Street, Suite 125 AUG 1 6 2010/
5 P.O. Box 944255
Sacramento, CA 94244-2550 ^
6 Telephone: (916) 323-6879 Ry A \N(M)^m/
Fax: (916)324-8835 ^rnxMnv
7 E-mail: Ajithony.OBrien@doj.ca.gov
Attorneys for Defendants Edmund G Brown Jr.,
8 California Attorney General, and Debra Bowen,
California Secretary of State
9

10 SUPERIOR COURT OF THE STATE OF CALIFORNIA

11 COUNTY OF SACRAMENTO

12

13

14 PAMELA BARNETT, CaseNo. 34-2010-00077415

15 Plaintiff, NOTICE OF DEMURRER AND
DEMURRER TO PLAINTIFF'S FIRST
16 V. AMENDED COMPLAINT

17 DAMON JERRELL DUNN, ET AL., (Code Civ. Proc, § 430.10, subd. (e))
18 Date: October 25, 2010
Time: 9:00 a.m.
19 Defendants. Dept: 54
Judge: The Honorable Shelleyanne
20 Chang
Trial Date: Not Yet Set
21 Action Filed: May 10,2010
22

23 TO PAMELA BARNETT, PLAINTIFF PRO SE:

24 PLEASE TAKE NOTICE that on October 25, 2010, at 9:00 a.m., or as soon thereafter as
25 the matter may be heard in Department 54 ofthe above-entitled court, located at 800 9th Street,
26 Sacramento, Califomia, defendants Edmund G. Brown Jr. and Debra Bowen will demur to the
27 First Amended Complaint of Plaintiff Pamela Bamett
28

Notice of Demurrer and Demurrer to Plaintiffs First Amended Complaint (34-2010-00077415)

 1 The motion will be based on this notice of demurrer, the demurrer, and the memprandum of

2 points and authorities.

3 DEMURRER

4 Defendants Brown and Bowen demur to Bamett's First Amended Complaint on the

5 grounds that the pleading does not state facts sufficient to constitute a cause of action. (Code Civ.

6 Proc, § 430.10, subd. (e).) More specifically, Bamett's First Amended Complaint fails to state a

7 sufficient cause of action because Damon Dunn qualified as an eligible candidate for Secretary of

8 State, and the First Amended Complaint does not allege any facts showing that Brown or Bowen

9 violated Bamett's rights or breached their duties during the election process. Moreover, Bamett's

10 requested relief—including removing Dunn, Bowen, and Brown from the General Election

11 ballot—is untimely and would substantially interfere with the conduct ofthe election.

12 Pursuant to Local rale 2.04, the court will make a tentative raling on the merits ofthis

13 matter by 2:00 p.m., the court day before the hearing. You may access and download the court's

14 raling jfrom the court's website at http://vyww.saccourt.ca.gov. Ifyou do not have online access,

15 you may obtain the tentative raling over the telephone by calling (916) 874-8142 and a deputy

16 clerk will read the raling to you. If you wish to request oral argument, you must contact the

17 courtroom clerk at (916) 874-7848 (Department 54) and the opposing party before 4:00 p.m. the

18 court day before the hearing. If you do not call the court and the opposing party by 4:00 p.m. on

19 the court day before the hearing, no hearing will be held.

20 Dated- August 13,2010 Respectfully Submitted,

21 EDMUND G. BROWN JR.

Attomey General of Califomia
22 STEPHEN P. ACQUISTO
Supervising Deputy Attomey General

24
ANTHONY P. O'BRIEN
25 Deputy Attomey General
Attorneys for Defendants Edmund G.
26 Brown Jr., California Attorney General,
and Debra Bowen. California Secretary of
27 State
SA2010101350
28 10573438 doc
2
Notice of Demurrer and Demurrer to Plaintiffs First Amended Complaint (34-2010-00077415)
 DECLARATION OF SERVICE BY E-MAIL AND U.S. MAIL

Case Name: Pamela Barnett v. Damon Jerrell Dunn, et al.

No.: 34-2010-00077415

I declare:

I am employed in the Office ofthe Attomey General, which is the office of a member ofthe
Califomia State Bar, at which member's direction this service is made. I am 18 years ofage or
older and not a party to this matter. I am familiar with the business practice at the Office ofthe
Attomey General for collection and processing of correspondence for mailing with the United
States Postal Service. In accordance with that practice, correspondence placed in the intemal
mail collection system at the Office ofthe Attomey General is deposited with the United States
Postal Service that same day in the ordinary course ofbusiness.

On August 16. 2010.1 served the attached NOTICE OF DEMURRER AND DEMURRER
TO PLAINTIFF'S FIRST AMENDED COMPLAINT; MEMORANDUM OF POINTS
AND AUTHORITIES OF DEMURRER TO PLAINTIFF'S FIRST AMENDED
COMPLAINT; REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF DEFENDANT'S
DEMURRER, and DEFENDANTS BOWEN AND BROWN'S INDEX OF NON-
CALIFORNIA AUTHORITY WITH ATTACHMENT IN SUPPORT OF DEMURER TO
PLAINTIFF'S FIRST AMENDED COMPLAINT, by placing a trae copy thereofenclosed in
a sealed envelope with postage thereon fully prepaid, in the intemal mail collection system at the
Office ofthe Attomey General at 13001 Street, Suite 125, P.O. Box 944255, Sacramento, CA
94244-2550, addressed as follows:
Brian T. Hildreth
Pamela Bamett Bell, McAndrews & Hiltachk, LLP
2541 Warrego Way 455 Capitol Mall, Suite 801
Sacramento, CA 95826 Sacramento, CA 95814
Telephone: (415)846-7170 Telephone: (916)442-7759
Plaintiffin Pro Se Fax: (916) 442-7759
E-Mail: bhildreth@bmhlaw.com
Attorneys for Defendant Damon Dunn

I declare under penalty ofperjury under the laws ofthe State ofCalifomia the foregoing is trae
and correct and that this declaration was executed on August 16,2010, at Sacramento,
Cahfomia.

Brooke C. Carothers . i%<jB\kUs^

Declarant Signature
SA20I0I013S0
10602745 doc