Demurrer without Motion to Strike
Having considered the demurring and opposing papers, the Court rules as follows. No reply was filed.
BACKGROUND
On January 28, 2018, Plaintiff Valentin Perez Chacon (“Plaintiff”) filed a complaint against Defendants Helen Hsieh (erroneously sued as Helen Hsien) and Craig Winton (“Defendants”). The complaint alleged negligence, failure to obtain workers’ compensation insurance policy, (premises liability) negligence per se, strict liability, and negligent infliction of emotional distress for an incident where Plaintiff was repairing a wall on Defendants’ property.
On May 1, 2019, Defendants filed a demurrer to Plaintiff’s complaint asserting a failure to plead sufficient facts to state Plaintiff’s causes of action and for uncertainty.
Trial is set for July 27, 2020.
PARTY’S REQUEST
Defendants request that the Court sustain their demurrer on the ground that all of Plaintiff’s causes of action fail to plead facts sufficient to constitute a cause of
Hearing Date
June 07, 2019
Type
Premises Liability (e.g.slip & fall) (General Jurisdiction)
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Demurrer without Motion to Strike
Having considered the demurring and opposing papers, the Court rules as follows. No reply was filed.
BACKGROUND
On January 28, 2018, Plaintiff Valentin Perez Chacon (“Plaintiff”) filed a complaint against Defendants Helen Hsieh (erroneously sued as Helen Hsien) and Craig Winton (“Defendants”). The complaint alleged negligence, failure to obtain workers’ compensation insurance policy, (premises liability) negligence per se, strict liability, and negligent infliction of emotional distress for an incident where Plaintiff was repairing a wall on Defendants’ property.
On May 1, 2019, Defendants filed a demurrer to Plaintiff’s complaint asserting a failure to plead sufficient facts to state Plaintiff’s causes of action and for uncertainty.
Trial is set for July 27, 2020.
PARTY’S REQUEST
Defendants request that the Court sustain their demurrer on the ground that all of Plaintiff’s causes of action fail to plead facts sufficient to constitute a cause of