Defendant City of Burbank’s Demurrer to First Amended Complaint is SUSTAINED with thirty (30) days leave to amend.
Background
On June 26, 2017, Plaintiff Michelle Donelan (“Plaintiff”) filed a complaint against Defendants City of Burbank (“Defendant”), Alvaro Valdez, and Does 1 to 100 for general negligence and premises liability. On December 8, 2017, Defendant filed a demurrer to complaint. On January 8, 2018, Plaintiff filed a First Amended Complaint (“FAC”). On February 7, 2018, Defendant filed the instant demurrer to FAC. No opposition has been filed.
Discussion
The Court finds Defendant has satisfied the meet and confer requirements pursuant to CCP section 430.41.
Uncertainty
Defendant demurs to the FAC for uncertainty. However, such demurrers are not permitted in a limited jurisdiction court. (See Code Civ. Proc., § 92(c).)
First Cause of Action for Negligence – Premises Liability
California Government Code section 815 provides that “[a] public entity is not liable for an
Type
OTHER PERSONAL INJURY (Limited Jurisdiction)
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Defendant City of Burbank’s Demurrer to First Amended Complaint is SUSTAINED with thirty (30) days leave to amend.
Background
On June 26, 2017, Plaintiff Michelle Donelan (“Plaintiff”) filed a complaint against Defendants City of Burbank (“Defendant”), Alvaro Valdez, and Does 1 to 100 for general negligence and premises liability. On December 8, 2017, Defendant filed a demurrer to complaint. On January 8, 2018, Plaintiff filed a First Amended Complaint (“FAC”). On February 7, 2018, Defendant filed the instant demurrer to FAC. No opposition has been filed.
Discussion
The Court finds Defendant has satisfied the meet and confer requirements pursuant to CCP section 430.41.
Uncertainty
Defendant demurs to the FAC for uncertainty. However, such demurrers are not permitted in a limited jurisdiction court. (See Code Civ. Proc., § 92(c).)
First Cause of Action for Negligence – Premises Liability
California Government Code section 815 provides that “[a] public entity is not liable for an