[TENTATIVE] ORDER RE: DEFENDANT COUNTY OF LOS ANGELES’S DEMURRER TO PLAINTIFF’S FIRST AMENDED COMPLAINT
I. INTRODUCTION
On September 3, 2019, plaintiff Irene Moyer (“Plaintiff”) filed this action against defendants East Shore Recreational Vehicle Park, Dean Cook, David W. Rodgers, and multiple public entities, including the County of Los Angeles (“Defendant”). Plaintiff alleges she was injured when David Rodgers invited her on an electric cart ride at the East Shore Recreational Vehicle Park, which is located at the Frank G. Bonelli Regional Park. While on a dirt road, Rodgers lost control of the cart, and the cart rolled over, injuring Plaintiff’s leg. Defendant demurs to the First Amended Complaint on trail immunity grounds and for failing to state a cause of action 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, Fenn
Hearing Date
January 31, 2020
Type
Motor Vehicle - Personal Injury/Property Damage/Wrongful Death (General Jurisdiction)
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[TENTATIVE] ORDER RE: DEFENDANT COUNTY OF LOS ANGELES’S DEMURRER TO PLAINTIFF’S FIRST AMENDED COMPLAINT
I. INTRODUCTION
On September 3, 2019, plaintiff Irene Moyer (“Plaintiff”) filed this action against defendants East Shore Recreational Vehicle Park, Dean Cook, David W. Rodgers, and multiple public entities, including the County of Los Angeles (“Defendant”). Plaintiff alleges she was injured when David Rodgers invited her on an electric cart ride at the East Shore Recreational Vehicle Park, which is located at the Frank G. Bonelli Regional Park. While on a dirt road, Rodgers lost control of the cart, and the cart rolled over, injuring Plaintiff’s leg. Defendant demurs to the First Amended Complaint on trail immunity grounds and for failing to state a cause of action 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, Fenn