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
Hearing Date
September 18, 2020
Type
Other Personal Injury/Property Damage/Wrongful Death (General Jurisdiction)
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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