Demurrer with a Motion to Strike
Having considered the demurring, moving, opposing, and reply papers, the Court rules as follows.
BACKGROUND
On January 10, 2019, Plaintiff John Higginbotham (“Plaintiff”) filed a complaint against Defendant Los Angeles County Metropolitan Transportation Authority (“Defendant”) alleging that he injured himself in a motor vehicle accident that occurred at the Metro Rail 7th Street/Metro Center Station on October 24, 2018.
On January 15, 2019, Plaintiff filed his First Amended Complaint (“FAC”) against Defendant alleging negligence and premises liability for injuries for a slip-and-fall that occurred on October 24, 2018.
On April 24, 2019, Defendant filed a demurrer to the FAC on the grounds that the FAC does not state sufficient facts for the negligence or premises liability causes of action and the FAC is uncertain.
Also on April 24, 2019, Defendant filed a motion to strike the negligence cause of action from the FAC, Prem.L-2 and Prem L-3 of the p
Hearing Date
May 22, 2019
Type
Premises Liability (e.g.slip & fall) (General Jurisdiction)
For full print and download access, please subscribe at https://www.trellis.law/.
Demurrer with a Motion to Strike
Having considered the demurring, moving, opposing, and reply papers, the Court rules as follows.
BACKGROUND
On January 10, 2019, Plaintiff John Higginbotham (“Plaintiff”) filed a complaint against Defendant Los Angeles County Metropolitan Transportation Authority (“Defendant”) alleging that he injured himself in a motor vehicle accident that occurred at the Metro Rail 7th Street/Metro Center Station on October 24, 2018.
On January 15, 2019, Plaintiff filed his First Amended Complaint (“FAC”) against Defendant alleging negligence and premises liability for injuries for a slip-and-fall that occurred on October 24, 2018.
On April 24, 2019, Defendant filed a demurrer to the FAC on the grounds that the FAC does not state sufficient facts for the negligence or premises liability causes of action and the FAC is uncertain.
Also on April 24, 2019, Defendant filed a motion to strike the negligence cause of action from the FAC, Prem.L-2 and Prem L-3 of the p