Case Number:
19STCV08266
Hearing Date:
January 19, 2021
Dept:
28
Motion for Judgment on the Pleadings






Having

considered the moving
, opposi
ng
, and reply

papers
, the Court

rules as follows.





BACKGROUND


On March 8, 2019, Plaintiffs Brenda Nichols (“Brenda”) and John Nichols (“John”)
1

(collectively, “Plaintiffs”)

filed a complaint against Defendant
s Catalina Island Company (“
Company
”) and City of Avalon (“City”)

(collectively, “Defendants”)
. The complaint alleges negligence, premises liability, and dangerous condition of public property. The complaint arises

from an incident where Brenda tripped and fell into the ocean while her husband John watched after Plaintiffs’ flying fish boating tour on or about July 4, 2018.


On April 15, 2020, Defendant
s

filed an answer.


On August 7, 2020,

Company

filed a motion for judgment on the pleadings pursuant to California Code of Civil Procedure section 437(c)(1)(A).


Tri