1. Demurrer to Complaint filed 10-2-17 by Deft. Dutra Construction Co., Inc. Defendant Dutra Construction Co., Inc.’s Demurrer to the 2nd and 3rd causes of action of the First Amended Complaint is Sustained in part, and Overruled in part.
The demurrer to the 2nd cause of action for strict liability is OVERRULED. For purposes of a demurrer, Defendant has failed to establish as a matter of law that the facts alleged are insufficient to establish an ultrahazardous activity.
The demurrer to the 3rd cause of action for trespass is SUSTAINED, without leave to amend, but without prejudice if discovery reveals that the plaintiff had exclusive possession of the property.
A trespass is an invasion of the interest in the exclusive possession of land. (Capogeannis v. Superior Court (1993) 12 Cal.App.4th 668, 674.) “California has adhered firmly to the view that ‘[t]he cause of action for trespass is designed to protect possessory—not necessarily ownership—interests in land from unlawful interferen
Hearing Date
November 27, 2017
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1. Demurrer to Complaint filed 10-2-17 by Deft. Dutra Construction Co., Inc. Defendant Dutra Construction Co., Inc.’s Demurrer to the 2nd and 3rd causes of action of the First Amended Complaint is Sustained in part, and Overruled in part.
The demurrer to the 2nd cause of action for strict liability is OVERRULED. For purposes of a demurrer, Defendant has failed to establish as a matter of law that the facts alleged are insufficient to establish an ultrahazardous activity.
The demurrer to the 3rd cause of action for trespass is SUSTAINED, without leave to amend, but without prejudice if discovery reveals that the plaintiff had exclusive possession of the property.
A trespass is an invasion of the interest in the exclusive possession of land. (Capogeannis v. Superior Court (1993) 12 Cal.App.4th 668, 674.) “California has adhered firmly to the view that ‘[t]he cause of action for trespass is designed to protect possessory—not necessarily ownership—interests in land from unlawful interferen