23CV423111 XINNONG DONG vs Defendant’s Motion to Strike “Count Two-Willful Failure to Warn [Civil
JIAYI LU Code section 846]” is GRANTED WITHOUT LEAVE TO AMEND.
Defendant served Plaintiff with notice of the hearing date for this motion
by electronic mail on November 7, 2023. No opposition was filed. Failure
to oppose a motion may be deemed consent to the motion being granted.
(Cal. Rule of Court, 8.54(c).) There is also good cause to grant this motion,
as Civil Code section 846 is directed to recreational use, and Plaintiff does
not allege recreational use as the cause of her injuries. Court to prepare
formal order.
Hearing Date
December 17, 2023
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23CV423111 XINNONG DONG vs Defendant’s Motion to Strike “Count Two-Willful Failure to Warn [Civil
JIAYI LU Code section 846]” is GRANTED WITHOUT LEAVE TO AMEND.
Defendant served Plaintiff with notice of the hearing date for this motion
by electronic mail on November 7, 2023. No opposition was filed. Failure
to oppose a motion may be deemed consent to the motion being granted.
(Cal. Rule of Court, 8.54(c).) There is also good cause to grant this motion,
as Civil Code section 846 is directed to recreational use, and Plaintiff does
not allege recreational use as the cause of her injuries. Court to prepare
formal order.