tess bernardo, Plaintiff, v. the vons companies, et al., Defendants.

Case No.: 19STCV43939

Hearing Date: March 6, 2020

[TENTATIVE] order RE:

DEMURRER TO DEFENDANT’s ANSWER TO COMPLAINT

Background

Plaintiff Tess Bernardo (“Plaintiff”) allegedly slipped and fell at shopping plaza operated by Defendant Eagle Rock Center, LLC (“Defendant”). Plaintiff demurs to the affirmative defenses in Defendant’s answer, which Defendant opposes. Plaintiff’s demurrer to the sixth affirmative defense in Defendant’s answer is overruled. The demurrer is otherwise sustained with leave to amend.

LEGAL STANDARD

In the answer to the complaint, a defendant must allege facts to support any matter the defendant will bear the burden to prove at trial. (Harris v. City of Santa Monica (2013) 56 Cal.4th 203, 240.) A plaintiff may demur to an answer if: “(a) The answer does not state facts sufficient to constitute a defense. [¶] (b) The answer is uncertain. As used in this subdivision, “uncertain” includes ambi