Demurrer with a Motion to Strike

Having considered the demurring and moving papers, the Court rules as follows. No opposing papers were filed.

BACKGROUND

On October 21, 2019, Plaintiff Ravell Pierce (“Plaintiff”) filed a complaint against Defendants Los Angeles County Metropolitan Transportation Authority (“LACMTA”), City of Los Angeles, and County of Los Angeles. Plaintiff alleges general and motor vehicle negligence arising from an incident where Plaintiff fell from an unsecured wheelchair on a train on November 19, 2018.

On July 24, 2020, Plaintiff filed a first amended complaint.

On September 28, 2020, Defendant LACMTA filed a demurrer pursuant to California Code of Civil Procedure section 430.10 and a motion to strike pursuant to California Code of Civil Procedure section 435.

On November 12, 2020, Plaintiff filed a second amended complaint.

Trial is set for April 19, 2021.

PARTY’S REQUEST

Defendant LACMTA asks the Court to sustain its demurrer and grant its motion to str