Nature of Proceedings: Demurrer to First Amended Complaint For Plaintiff Eduviges Estrada: John B. Richards For Defendant City of Santa Barbara: Sarah J. Knecht, Tom R. Shapiro, Melissa Rapp, Office of the City Attorney RULING For the reasons set forth herein, the demurrer of Defendant City of Santa Barbara is sustained without leave to amend as to the first cause of action, and with leave to amend as to the second and third causes of action of Plaintiff’s first amended complaint. Plaintiff Eduviges Estrada shall file and serve her second amended complaint, if she chooses to file an amended complaint, on or before July 6, 2023. Background As alleged in Plaintiff’s first amended complaint (FAC): (Note: The allegations below appear as unnumbered paragraphs in the second cause of action on attachment 1 (p. 5) of the FAC.) On March 29, 2022, Plaintiff Eduviges Estrada was walking in a crosswalk at the intersection of Canon Perdido and San Andres streets (Crosswalk) in the City of Santa Bar
Hearing Date
June 21, 2023
Department
Judge Thomas AnderleDepartment 3 SB-Anacapa1100 Anacapa Street P.O. Box 21107 Santa Barbara, CA 93121-1107
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Nature of Proceedings: Demurrer to First Amended Complaint For Plaintiff Eduviges Estrada: John B. Richards For Defendant City of Santa Barbara: Sarah J. Knecht, Tom R. Shapiro, Melissa Rapp, Office of the City Attorney RULING For the reasons set forth herein, the demurrer of Defendant City of Santa Barbara is sustained without leave to amend as to the first cause of action, and with leave to amend as to the second and third causes of action of Plaintiff’s first amended complaint. Plaintiff Eduviges Estrada shall file and serve her second amended complaint, if she chooses to file an amended complaint, on or before July 6, 2023. Background As alleged in Plaintiff’s first amended complaint (FAC): (Note: The allegations below appear as unnumbered paragraphs in the second cause of action on attachment 1 (p. 5) of the FAC.) On March 29, 2022, Plaintiff Eduviges Estrada was walking in a crosswalk at the intersection of Canon Perdido and San Andres streets (Crosswalk) in the City of Santa Bar