1) Demurrer to Amended Complaint
2) Case Management Conference
The demurrer by Defendant Orange County Transportation Authority (“Defendant”) to the First Amended Complaint (“FAC”) of Plaintiff Seledonia T. Delgado’s (“Plaintiff”) is sustained in part and overruled in part.
Defendant demurs to the second through fifth causes of action in the FAC.
2nd, 5th COA - Sustain Defendant contends that the second and fifth causes of action for “negligent supervision of passengers” and “negligence-respondeat superior” are vulnerable to demurrer because they are not “cognizable cause[s] of action under California law” and are “merely duplicative of the first cause of action for negligence.” (Dem. at 3-5.)
The Court agrees that the purported claim for “negligent supervision of passengers” is not a valid cause of action or an alternate theory of recovery; rather, it merely repeats Plaintiff’s first cause of action for general negligence under a more descriptive nomenclature. Rodrigues v. Campbell In