Case Number:
23STCV08136
Hearing Date:
December 18, 2023
Dept:
28
Having considered the moving, opposing and reply papers, the Court rules as follows.
BACKGROUND
On April 12, 2023, Plaintiff
Varina Goretti Carvajal
(Plaintiff) filed this action Defendants Los Angeles Unified School District (Defendant) and Does 1-100 for negligence and dangerous condition of public property under Government Code section 835.
On June 9, 2023, Plaintiff filed a first amended complaint, which added claims for intentional spoliation of evidence and negligent spoliation of evidence.
On August 4, 2023, the Court sustained Defendants demurrer to Plaintiffs claims for negligence and dangerous condition of public property based on the exclusive remedy of workers compensation.
The Court also sustained the demurrer to Plaintiffs claims for intentional and negligent spoliation because Plaintiff had not identified a statutory basis for government tort liability.
The Court gr
Hearing Date
December 18, 2023
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Case Number:
23STCV08136
Hearing Date:
December 18, 2023
Dept:
28
Having considered the moving, opposing and reply papers, the Court rules as follows.
BACKGROUND
On April 12, 2023, Plaintiff
Varina Goretti Carvajal
(Plaintiff) filed this action Defendants Los Angeles Unified School District (Defendant) and Does 1-100 for negligence and dangerous condition of public property under Government Code section 835.
On June 9, 2023, Plaintiff filed a first amended complaint, which added claims for intentional spoliation of evidence and negligent spoliation of evidence.
On August 4, 2023, the Court sustained Defendants demurrer to Plaintiffs claims for negligence and dangerous condition of public property based on the exclusive remedy of workers compensation.
The Court also sustained the demurrer to Plaintiffs claims for intentional and negligent spoliation because Plaintiff had not identified a statutory basis for government tort liability.
The Court gr