TENTATIVE RULING
Calendar: 6
Date: 9/11/20
Case No.: 19 GDCV01541 Trial Date: None Set
Case Name: Krieg, et al. v. B.V. General, Inc., et al.
DEMURRER TO ANSWER
MOTION TO STRIKE
Moving Party: Plaintiffs Evelyne Krieg, by and through her successor in interest,
Bill Krieg, Bill Krieg, individually, Paul Krieg and Karen McFarland
Responding Party: Defendant B.V. General, Inc. dba Leisure Vale Retirement Hotel
RELIEF REQUESTED:
Sustain demurrer to 8th (Assumption of Risk; Consent), 9th (CC Section 1714.8: No
Professional Negligence for natural course of disease) and 33rd ($250,000 non-economic
damages cap per CC Section 3333.2) affirmative defenses
Order striking 8th, 9th, and 33rd affirmative defenses
FACTUAL BACKGROUND:
Plaintiffs Evelyne Krieg, through her successor in interest, and her adult children and lawful heirs, Bill Krieg, Paul Krieg and Karen McFarland, allege that decedent Krieg at all relevant times was over the age of 65, and defendant B.V. General Inc. dba L
Hearing Date
September 11, 2020
Type
Other Non-Personal Injury/Property Damage tort (General Jurisdiction)
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TENTATIVE RULING
Calendar: 6
Date: 9/11/20
Case No.: 19 GDCV01541 Trial Date: None Set
Case Name: Krieg, et al. v. B.V. General, Inc., et al.
DEMURRER TO ANSWER
MOTION TO STRIKE
Moving Party: Plaintiffs Evelyne Krieg, by and through her successor in interest,
Bill Krieg, Bill Krieg, individually, Paul Krieg and Karen McFarland
Responding Party: Defendant B.V. General, Inc. dba Leisure Vale Retirement Hotel
RELIEF REQUESTED:
Sustain demurrer to 8th (Assumption of Risk; Consent), 9th (CC Section 1714.8: No
Professional Negligence for natural course of disease) and 33rd ($250,000 non-economic
damages cap per CC Section 3333.2) affirmative defenses
Order striking 8th, 9th, and 33rd affirmative defenses
FACTUAL BACKGROUND:
Plaintiffs Evelyne Krieg, through her successor in interest, and her adult children and lawful heirs, Bill Krieg, Paul Krieg and Karen McFarland, allege that decedent Krieg at all relevant times was over the age of 65, and defendant B.V. General Inc. dba L