The San Francisco City Attorney informed us that the City planned to demur to the complaint for various reasons, some of which were substantive and some which weren’t. We agreed to fix the non-substantive issues and amend the complaint.
While amending the complaint, we decided to narrow the privacy claims into one claim, based on the California Constitution which incorporates various other privacy statutes to buttress the reasonableness of our clients’ expectation of privacy in their bodily integrity and medical information. This is a far simpler claim and thus will be much easier to get past a demurrer, which is the immediate goal. We also took the opportunity to add new data about the ineffectiveness and side effects of the COVID vaccines. These allegations are critical because they must be accepted as true in the demurrer briefing.
We filed the amended complaint on March 10, 2022, and we expect the City to file a demurrer anyway, which is the same as a motion to dismiss in federal court. It will likely be set for a hearing during the next 60 to 90 days. In the meantime, we are going to serve discovery and prepare our motions.
Once we get past the pleading stage and are actually in litigation, discovery will be extensive. If we are dismissed at the pleading stage, we will appeal. They cannot if they lose. The next stage would be preparing for trial.
UPDATE – We filed a second amended complaint on April 7, 2022.