[TENTATIVE] ORDER RE: DEFENDANTS’ DEMURRER TO FIRST AMENDED COMPLAINT; MOTION TO STRIKE
I. INTRODUCTION
On July 12, 2019, plaintiff Eugenia Cardona Fuentes (“Plaintiff”) filed this action against defendants Los Angeles County Metropolitan Transportation Authority (“LACMTA”) and Rene Soberanis (“Soberanis”) for injuries arising from an accident when Soberanis, while driving a LACMTA bus, rear-ended the vehicle in front of him. Plaintiff filed a first amended complaint (“FAC”) on September 17, 2019 alleging three causes of action for motor vehicle, general negligence, and negligent entrustment. LACMTA demurs.
II. LEGAL STANDARDS
A demurrer tests the legal sufficiency of the pleadings and will be sustained only where the pleading is defective on its face. (City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 68 Cal.App.4th 445, 459.) “We treat the demurrer as admitting all material facts properly pleaded but not contentions, deductions or conclusions of fact or law
Hearing Date
November 15, 2019
Type
Motor Vehicle - Personal Injury/Property Damage/Wrongful Death (General Jurisdiction)
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[TENTATIVE] ORDER RE: DEFENDANTS’ DEMURRER TO FIRST AMENDED COMPLAINT; MOTION TO STRIKE
I. INTRODUCTION
On July 12, 2019, plaintiff Eugenia Cardona Fuentes (“Plaintiff”) filed this action against defendants Los Angeles County Metropolitan Transportation Authority (“LACMTA”) and Rene Soberanis (“Soberanis”) for injuries arising from an accident when Soberanis, while driving a LACMTA bus, rear-ended the vehicle in front of him. Plaintiff filed a first amended complaint (“FAC”) on September 17, 2019 alleging three causes of action for motor vehicle, general negligence, and negligent entrustment. LACMTA demurs.
II. LEGAL STANDARDS
A demurrer tests the legal sufficiency of the pleadings and will be sustained only where the pleading is defective on its face. (City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 68 Cal.App.4th 445, 459.) “We treat the demurrer as admitting all material facts properly pleaded but not contentions, deductions or conclusions of fact or law