Does a judge have jurisdiction to hear or render a decision or demurrer in this civil action against defendants for alleged denial of disability benefits?

California, United States of America


The following excerpt is from Parvizian v. Cal. Employment Dev. Dep't, B215814, LC077867, No. LC077866 c/w (Cal. App. 2010):

the ruling. Accordingly, plaintiff has not yet exhausted his administrative remedies with respect to his claims for denial of disability benefits. For that reason, the trial court had no jurisdiction to review or render a decision with respect to defendants' alleged denial of disability benefits in this civil action. (Abelleira v. District Court of Appeal, supra, 17 Cal.2d at pp. 291-293.) The demurrer was properly sustained as to all causes of action to the extent they alleged denial of disability benefits. (Code Civ. Proc., 430.10, subd. (a); Abelleira, supra, at pp. 291-293.)

For the same reasons, there is no reasonable possibility that the first amended complaint can be amended to cure the jurisdictional defect as to any of plaintiff's causes of action based upon denial of disability benefits. (Reynolds v. Bement (2005) 36 Cal.4th 1075, 1091.) The trial court's denial of leave to amend with respect to disability benefits causes of action was not an abuse of discretion. (Ibid.) The remaining issues concern only the alleged denial of unemployment benefits.

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