Motion to Strike of Defendant LRS Realty & Management, Inc. to Plaintiff’s Complaint is GRANTED with leave to amend. The Court strikes paragraph Prem.L-3 on page 4 of the complaint. (Code Civ. Proc. § 436). Alternatively, Defendant’s Demurrer to Count Two of the Premises Liability Cause of Action is SUSTAINED with leave to amend. (Code Civ. Proc. § 430.10, subd. (e)). Plaintiff has 20 days to amend. Moving party is ordered to give notice.
In this action, Plaintiff alleges he was struck in face by a gate that had broken loose from its weld on Defendants’ property. Plaintiff alleges that he was lawfully on the property; that defendants negligently owned, maintained, managed and operated the premises; that defendants willfully and maliciously failed to guard or warn against the dangerous condition; and that the acts of the defendants were the legal cause of Plaintiff’s injuries.
Defendant LRS Realty & Management, Inc. demurs to the second count of the cause of action for premises liabil
Hearing Date
October 02, 2020
Type
Premises Liability (e.g.slip & fall) (General Jurisdiction)
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Motion to Strike of Defendant LRS Realty & Management, Inc. to Plaintiff’s Complaint is GRANTED with leave to amend. The Court strikes paragraph Prem.L-3 on page 4 of the complaint. (Code Civ. Proc. § 436). Alternatively, Defendant’s Demurrer to Count Two of the Premises Liability Cause of Action is SUSTAINED with leave to amend. (Code Civ. Proc. § 430.10, subd. (e)). Plaintiff has 20 days to amend. Moving party is ordered to give notice.
In this action, Plaintiff alleges he was struck in face by a gate that had broken loose from its weld on Defendants’ property. Plaintiff alleges that he was lawfully on the property; that defendants negligently owned, maintained, managed and operated the premises; that defendants willfully and maliciously failed to guard or warn against the dangerous condition; and that the acts of the defendants were the legal cause of Plaintiff’s injuries.
Defendant LRS Realty & Management, Inc. demurs to the second count of the cause of action for premises liabil