SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT
KELLEY HANSON, Plaintiff(s), vs. ALINA DORIAN, et al., Defendant(s).
Case No.: 19STCV37957
[TENTATIVE] ORDER SUSTANING DEFENDANT’S DEMURRER WITHOUT LEAVE TO AMEND
Dept. 31
1:30 p.m.
January 24, 2020
1. Facts
Plaintiff, Kelley Hanson filed this action against Defendant, Alina Dorian for damages arising out of an automobile accident. The complaint includes causes of action for motor vehicle negligence, general negligence, and negligence per se.
2. Demurrer
Defendant demurs to the negligence per se cause of action, contending it is duplicative of the negligence cause of action. “Negligence per se” is an evidentiary doctrine codified at Evidence Code §669. Under subdivision (a) of that section, the doctrine creates a presumption of negligence if four elements are established: (1) the defendant violated a statute, ordinance, or regulation of a public entity; (2) the violation proximately ca
Hearing Date
January 24, 2020
Type
Motor Vehicle - Personal Injury/Property Damage/Wrongful Death (General Jurisdiction)
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT
KELLEY HANSON, Plaintiff(s), vs. ALINA DORIAN, et al., Defendant(s).
Case No.: 19STCV37957
[TENTATIVE] ORDER SUSTANING DEFENDANT’S DEMURRER WITHOUT LEAVE TO AMEND
Dept. 31
1:30 p.m.
January 24, 2020
1. Facts
Plaintiff, Kelley Hanson filed this action against Defendant, Alina Dorian for damages arising out of an automobile accident. The complaint includes causes of action for motor vehicle negligence, general negligence, and negligence per se.
2. Demurrer
Defendant demurs to the negligence per se cause of action, contending it is duplicative of the negligence cause of action. “Negligence per se” is an evidentiary doctrine codified at Evidence Code §669. Under subdivision (a) of that section, the doctrine creates a presumption of negligence if four elements are established: (1) the defendant violated a statute, ordinance, or regulation of a public entity; (2) the violation proximately ca