DEMURRER

[CCP §430.10 et seq.]

Date: 9/18/20 (10:00 AM)

Case: Shu-Hui Ting v. Fashion Park Villas-Owners Assn., et al. (20STCV09531)

TENTATIVE RULING:

Defendants Fashion Park Villas-Owners Association and Beven & Brock Property Management Company, Inc.’s Demurrer to Complaint is OVERRULED IN PART and SUSTAINED IN PART.

With respect to the first cause of action for Negligence – Premises Liability, defendants argue that plaintiff fails to state that defendants’ alleged negligence was a substantial factor in the death of decedent Huan Chia Tseng. (See CACI 400 [third essential element of Negligence cause of action]; 430 [defining “Causation: Substantial Factor”].)

When read as a whole, the Complaint adequately alleges that, if the pool had proper lighting and readily accessible lifesaving equipment, Tseng would not have died. (Compl. ¶¶ 16-17 [describing alleged lighting deficiencies and lack of lifesaving equipment]; 20 [incorporating all prior allegations into the Negligence caus