FABRICIO BUSTO ROMERO VS CITY OF LOS ANGELES

DEMURRER

(CCP §§ 430.31, et seq.)

TENTATIVE RULING:

Defendant City of Los Angeles’ Demurrer to the First Amended Complaint is SUSTAINED WITHOUT LEAVE TO AMEND.

ANALYSIS:

Plaintiff Fabirico Busto Romero (“Plaintiff”) filed the instant action for negligent infliction of emotional distress and violation of Civil Code section 3340 against Defendant City of Los Angeles (“Defendant”) on May 10, 2017. On October 16, 2019, the Court granted Defendant’s Motion for Judgment on the Pleadings with leave to amend. Plaintiff filed a First Amended Complaint on November 4, 2019 alleging the same two causes of action, but adding Gabi Hartel as a defendant.

Defendant filed the instant Demurrer to the First Amended Complaint on December 2, 2019. Plaintiff filed an Opposition on March 16, 2020 and Defendant replied on July 2, 2020.

Discussion

The Court finds that the Demurrer is accompanie........