[TENTATIVE] ORDER RE: DEFENDANT CITY OF GARDENA’S DEMURRER TO THE COMPLAINT; SUSTAINED
I. INTRODUCTION
On December 17, 2018, Plaintiff Felipa Perez (“Plaintiff”) filed this action against Defendant City of Gardena (“Defendant”) for general negligence and motor vehicle negligence arising out of a March 3, 2018 fall as she was exiting a bus owned and operated by Defendant. Defendant demurs to the Complaint on grounds it states insufficient facts to constitute a cause of action for motor vehicle negligence against Defendant.
II. LEGAL STANDARDS
A demurrer tests the legal sufficiency of the pleadings and will be sustained only where the pleading is defective on its face. (City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 68 Cal.App.4th 445, 459.) “We treat the demurrer as admitting all material facts properly pleaded but not contentions, deductions or conclusions of fact or law. We accept the factual allegations of the complaint as true and also consider matters
Hearing Date
March 27, 2019
Type
Motor Vehicle - Personal Injury/Property Damage/Wrongful Death (General Jurisdiction)
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[TENTATIVE] ORDER RE: DEFENDANT CITY OF GARDENA’S DEMURRER TO THE COMPLAINT; SUSTAINED
I. INTRODUCTION
On December 17, 2018, Plaintiff Felipa Perez (“Plaintiff”) filed this action against Defendant City of Gardena (“Defendant”) for general negligence and motor vehicle negligence arising out of a March 3, 2018 fall as she was exiting a bus owned and operated by Defendant. Defendant demurs to the Complaint on grounds it states insufficient facts to constitute a cause of action for motor vehicle negligence against Defendant.
II. LEGAL STANDARDS
A demurrer tests the legal sufficiency of the pleadings and will be sustained only where the pleading is defective on its face. (City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 68 Cal.App.4th 445, 459.) “We treat the demurrer as admitting all material facts properly pleaded but not contentions, deductions or conclusions of fact or law. We accept the factual allegations of the complaint as true and also consider matters