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  • GARCIA VS IGLESIAS23-CV Other PI/PD/WD - Civil Unlimited document preview
  • GARCIA VS IGLESIAS23-CV Other PI/PD/WD - Civil Unlimited document preview
  • GARCIA VS IGLESIAS23-CV Other PI/PD/WD - Civil Unlimited document preview
  • GARCIA VS IGLESIAS23-CV Other PI/PD/WD - Civil Unlimited document preview
						
                                

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 Page 1 of 2 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