Reynaga v. City of Los Angeles
Defendant City of Los Angeles’ Demurrer to Plaintiff Veronica Reynaga’s Complaint is SUSTAINED with leave to amend. The complaint fails to allege facts sufficient to constitute a cause of action. (Code Civ. Proc. § 430.10, subd. (e).) Plaintiff has 20 days from notice of this order to amend her complaint.
In the complaint, Plaintiff Veronica Reynaga alleges that on August 22, 2018, she tripped and fell on broken and uneven roadway controlled and maintained by Defendant City of Los Angeles (“the City”). She alleges that the incident occurred at 434 E. 60th St., Los Angeles, CA 90007. She asserts a single claim for general negligence against the City. The City demurs on two grounds: (1) Plaintiff has not identified a statutory basis for liability; and (2) Plaintiff failed to comply with the claims presentation requirements in the Government Tort Claims Act.
DISCUSSION
A. WHETHER PLAINTIFF HAS ADEQUATELY PLEADED A STATUTORY CLAIM
Under the Government Cl
Hearing Date
October 22, 2020
Type
Other Personal Injury/Property Damage/Wrongful Death (General Jurisdiction)
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Reynaga v. City of Los Angeles
Defendant City of Los Angeles’ Demurrer to Plaintiff Veronica Reynaga’s Complaint is SUSTAINED with leave to amend. The complaint fails to allege facts sufficient to constitute a cause of action. (Code Civ. Proc. § 430.10, subd. (e).) Plaintiff has 20 days from notice of this order to amend her complaint.
In the complaint, Plaintiff Veronica Reynaga alleges that on August 22, 2018, she tripped and fell on broken and uneven roadway controlled and maintained by Defendant City of Los Angeles (“the City”). She alleges that the incident occurred at 434 E. 60th St., Los Angeles, CA 90007. She asserts a single claim for general negligence against the City. The City demurs on two grounds: (1) Plaintiff has not identified a statutory basis for liability; and (2) Plaintiff failed to comply with the claims presentation requirements in the Government Tort Claims Act.
DISCUSSION
A. WHETHER PLAINTIFF HAS ADEQUATELY PLEADED A STATUTORY CLAIM
Under the Government Cl