Defendant Walmart, Inc.’s Demurrer is to the Third through the Seventh Causes of Action of the Complaint is SUSTAINED with twenty (20) days’ leave to amend. Defendant Walmart, Inc.’s Motion to Strike is MOOT.
Plaintiff Melissa Diaz (“Plaintiff”) alleges that on December 13, 2016, she slipped and fell while shopping in the frozen food section at Defendant Walmart, Inc. (“Walmart.”) On December 12, 2018, Plaintiff filed the operative Complaint alleging the following causes of action against Walmart: (1) Negligence; (2) Premises Liability; (3) Negligent Hiring, Retention, and Supervision; (4) Negligent Infliction of Emotional Distress; (5) Intentional Infliction of Emotional Distress; (6) Loss of Consortium; and (7) Products Liability.
Walmart filed the instant Demurrer to the third through seventh causes of action.
Legal Standard
A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) When considering demurrers
Hearing Date
March 07, 2019
Type
Premises Liability (e.g.slip & fall) (General Jurisdiction)
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Defendant Walmart, Inc.’s Demurrer is to the Third through the Seventh Causes of Action of the Complaint is SUSTAINED with twenty (20) days’ leave to amend. Defendant Walmart, Inc.’s Motion to Strike is MOOT.
Plaintiff Melissa Diaz (“Plaintiff”) alleges that on December 13, 2016, she slipped and fell while shopping in the frozen food section at Defendant Walmart, Inc. (“Walmart.”) On December 12, 2018, Plaintiff filed the operative Complaint alleging the following causes of action against Walmart: (1) Negligence; (2) Premises Liability; (3) Negligent Hiring, Retention, and Supervision; (4) Negligent Infliction of Emotional Distress; (5) Intentional Infliction of Emotional Distress; (6) Loss of Consortium; and (7) Products Liability.
Walmart filed the instant Demurrer to the third through seventh causes of action.
Legal Standard
A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) When considering demurrers