Defendant’s Motion to Strike Portions of Complaint, filed on 12/6/18, is GRANTED. Cal. Code Civil Procedure § 436. Defendant has met and conferred in compliance with Cal. Code Civil Procedure § 435.5. The Court strikes Count Two for Willful Failure to Warn alleged in the 2nd cause of action for Premises Liability.
Plaintiff does not address Defendant’s arguments that Section § 846 does not apply to the alleged facts. Rather, Plaintiff agrees to file a First Amended Complaint removing that count.
Section 846 confers immunity recreational use immunity except where there is a willful or malicious failure to warn. Cal. Gov. Code § 846. Plaintiff does not allege she used Defendant’s property for a recreational purpose. Rather, Plaintiff alleges she was an invitee in Defendant’s hotel, when a guest room mirror fell on her foot. Complaint page 5.
Plaintiff proposes to file a First Amended Complaint that deletes Count 2 of the second cause of action for premises liability. An amended compla
Hearing Date
January 07, 2019
Type
Premises Liability (e.g.slip & fall) (General Jurisdiction)
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Defendant’s Motion to Strike Portions of Complaint, filed on 12/6/18, is GRANTED. Cal. Code Civil Procedure § 436. Defendant has met and conferred in compliance with Cal. Code Civil Procedure § 435.5. The Court strikes Count Two for Willful Failure to Warn alleged in the 2nd cause of action for Premises Liability.
Plaintiff does not address Defendant’s arguments that Section § 846 does not apply to the alleged facts. Rather, Plaintiff agrees to file a First Amended Complaint removing that count.
Section 846 confers immunity recreational use immunity except where there is a willful or malicious failure to warn. Cal. Gov. Code § 846. Plaintiff does not allege she used Defendant’s property for a recreational purpose. Rather, Plaintiff alleges she was an invitee in Defendant’s hotel, when a guest room mirror fell on her foot. Complaint page 5.
Plaintiff proposes to file a First Amended Complaint that deletes Count 2 of the second cause of action for premises liability. An amended compla