Tentative Ruling: Plaintiffs filed the complaint on August 29, 2018. Plaintiffs filed the First Amended Complaint on February 19, 2019. Defendant timely demurred as to the second cause of action. On May 10, 2019, the Court SUSTAINED the demurrer to the second cause of action with twenty (20) days leave to amend.
On May 31, 2019, plaintiffs filed the “Second Amendment to First Amended Complaint for Damages Clarifying Second Cause of Action and Adding Third through Fifth Causes of Action against California Department of Transportation for the State of California and their Unidentified Employees.” For clarification purposes, this document shall be deemed plaintiffs’ Second Amended Complaint.
On August 22, 2019, the California Department of Transportation demurred.
As to the first cause of action, plaintiff did not object to defendant’s demurrer, which the Court interprets as a tacit admission by plaintiffs of shortcomings in the complaint attempting to assert common law negligence.
As