Case Number:
20STCV19661
Hearing Date:
January 14, 2021
Dept:
28
Demurrer

without a Motion to Strike


Having

considered the moving
, opposition, and reply

papers
, the Court

rules as follows.


BACKGROUND


On

May 22, 2020, Plaintiffs Robert Fritz and Betty Fritz filed a complaint against Defendants Los Angeles County Bicycle Coalition (“LACBC”) and Martin Zubiri. Plaintiffs allege that on May 24, 2018, Plaintiff Robert Fritz was riding his bicycle northbound on the San Gabriel bike lanes in Baldwin Park, California. Plaintiff alleges that he observed a group of bicyclists riding southbound in Plaintiff’s direction at a high rate of speed, taking up both lanes of traffic. Plaintiff alleges that he reduced the speed of his bicycle and yelled warnings to the oncoming, speeding bicyclists. Plaintiff alleges that the oncoming bicyclists, which included Defendant Martini

Zubiri
, did not give way, and proceeded to collide into Plaintiff’s bicycle. Plai