Defendants’ Motion for Judgment on the Pleadings is DENIED. The Request for Judicial Notice dated May 21, 2020 is GRANTED. The Request for Judicial Notice dated July 29, 2020 is DENIED.
In this action, Plaintiffs allege that on or about November 19, 2018, they were injured in a motor vehicle collision due to the negligence of Defendant Jeremy David Kerekes. Plaintiff allege that Mr. Kerekes was acting in the course and scope of his employment by Defendant California Highway Patrol at the time of the incident. Plaintiffs assert claims for negligence and motor vehicle negligence against both defendants.
Defendants State of California, acting by and through the California Highway Patrol (“California Highway Patrol”) and Jeremy Kerekes move for judgment on the pleadings, contending that judicially noticeable facts demonstrate that Plaintiffs failed to submit government claims before filing suit.
JUDGMENT ON THE PLEADINGS STANDARD
Under Code of Civil Procedure section 438, subdivision (
Hearing Date
August 12, 2020
Type
Motor Vehicle - Personal Injury/Property Damage/Wrongful Death (General Jurisdiction)
For full print and download access, please subscribe at https://www.trellis.law/.
Defendants’ Motion for Judgment on the Pleadings is DENIED. The Request for Judicial Notice dated May 21, 2020 is GRANTED. The Request for Judicial Notice dated July 29, 2020 is DENIED.
In this action, Plaintiffs allege that on or about November 19, 2018, they were injured in a motor vehicle collision due to the negligence of Defendant Jeremy David Kerekes. Plaintiff allege that Mr. Kerekes was acting in the course and scope of his employment by Defendant California Highway Patrol at the time of the incident. Plaintiffs assert claims for negligence and motor vehicle negligence against both defendants.
Defendants State of California, acting by and through the California Highway Patrol (“California Highway Patrol”) and Jeremy Kerekes move for judgment on the pleadings, contending that judicially noticeable facts demonstrate that Plaintiffs failed to submit government claims before filing suit.
JUDGMENT ON THE PLEADINGS STANDARD
Under Code of Civil Procedure section 438, subdivision (