On July 06, 2020 a
Motion,Ex Parte
was filed
involving a dispute between
Garcia, Walter Humberto Medina,
and
Iglesias, Nestor,
Martinez, Alicia,
for 23-CV Other PI/PD/WD - Civil Unlimited
in the District Court of Kern County.
Preview
Superior Court of California
County of Kern
Bakersfield Department 17
Hearing Date: 01/05/2021 Time: 8:30 AM - 12:00 PM
GARCIA VS IGLESIAS
BCV-20-101548
Honorable: Thomas S. Clark Clerk: Linda K. Hall
Court Reporter: . None Bailiff: Deputy Sheriff
Interpreter: Language Of:
PARTIES:
Present:
GARCIA, WALTER HUMBERTO MEDINA Plaintiff, HALPERN, LOREN B Attorney, Present
Not Present
IGLESIAS, NESTOR Defendant, Not Present KYLE CANTU Attorney, Present
MARTINEZ, ALICIA Defendant, Not Present ALAN PEAKE Attorney, Present
Court Call
NATURE OF PROCEEDINGS: DEMURRER
Hearing Start Time:8:39 AM
The above entitled cause came on regularly on this date and time with parties and/or counsel appearing as
reflected above.
Matter argued by counsel and submitted.
The Court makes the following findings and orders:
Defendant Alicia Martinez' Demurrer to Plaintiff's Complaint - Overruled.
Defendant to file and serve Answer by 02/01/2021.
Although the Judicial Council form Complaint is pretty bare bones, it essentially addresses each of these required
elements for premises liability. While the Demurrer argues that Defendant Alicia Martinez is not a property owner,
this is a factual assertion that is improper and cannot be considered by the court at the Demurrer stage. Defendant
offers nothing of which the court could properly take judicial notice.
The Complaint, as pleaded, alleges that Defendant Martinez is one of the Defendants who negligently owned,
maintained, managed and operated the premises where Plaintiff, a tenant, was hurt by an electrical outlet that
exploded. For purposes of Demurrer, the court has to accept the pleading allegations as true. Likewise, the
Complaint alleges that the same two Defendants, one of whom is this demurring Defendant Martinez, were the
agents and employees of the other Defendants. From these allegations, it is not clear which Defendant is the
principal and which is the agent. Therefore, even if Defendant's argument is correct that Plaintiff can only obtain
MINUTES
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GARCIA VS IGLESIAS BCV-20-101548
judgment against the principal or the agent, but not both, Defendant did not bring a special demurrer on grounds
of uncertainty, only a general demurrer for failure to state sufficient facts and the court cannot consider
extraneous facts presented by the Defendant, but not alleged.
Clerk's minutes will be the order of the court.
Further notice waived.
FUTURE HEARINGS:
April 06, 2021 8:15 AM Case Management Conference
Clark, Thomas S.
Bakersfield Department 17
Sheriff, Deputy
MINUTES FINALIZED BY: LINDA HALL ON: 1/5/2021
MINUTES
Page 2 of 2
GARCIA VS IGLESIAS BCV-20-101548
Document Filed Date
January 05, 2021
Case Filing Date
July 06, 2020
Category
23-CV Other PI/PD/WD - Civil Unlimited
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