Demurrer to Plaintiff’s Complaint filed on 5/15/19 is SUSTAINED as to the 1st count for negligence and the second count for willful failure to warn under Cal. Gov. Code § 836 without leave to amend.
Demurrer to the 3rd count for dangerous condition of public property under Cal. Gov. Code § 835 set forth in both the premises liability cause of action and the 2nd cause of action for negligence is OVERRULED. Defendant shall file its answer within 10 days.
A demurrer reaches defects that appear on the face of the complaint. The court considers the allegations and matters that are subject to judicial notice. All facts are accepted as true. Saunders v. Superior Court (1994) 27 Cal. App. 4th 832, 838.
A demurrer tests the legal sufficiency of the allegations. It does not test their truth, the Plaintiff’s ability to prove them, or the possible difficulty in making such proof. Saunders at 840.
First Cause of Action
The first cause of action for premises liability alleges three counts: negl
Hearing Date
June 27, 2019
Type
Other Personal Injury/Property Damage/Wrongful Death (General Jurisdiction)
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Demurrer to Plaintiff’s Complaint filed on 5/15/19 is SUSTAINED as to the 1st count for negligence and the second count for willful failure to warn under Cal. Gov. Code § 836 without leave to amend.
Demurrer to the 3rd count for dangerous condition of public property under Cal. Gov. Code § 835 set forth in both the premises liability cause of action and the 2nd cause of action for negligence is OVERRULED. Defendant shall file its answer within 10 days.
A demurrer reaches defects that appear on the face of the complaint. The court considers the allegations and matters that are subject to judicial notice. All facts are accepted as true. Saunders v. Superior Court (1994) 27 Cal. App. 4th 832, 838.
A demurrer tests the legal sufficiency of the allegations. It does not test their truth, the Plaintiff’s ability to prove them, or the possible difficulty in making such proof. Saunders at 840.
First Cause of Action
The first cause of action for premises liability alleges three counts: negl