The demurrer of defendant Dwight J. Griffith to the complaint is SUSTAINED with 10 days leave for the reasons stated in the demurrer. Any amended complaint would need to address why a condominium owner would have a duty to warn an invitee of an alleged dangerous condition of association property, here the stairs.
The court further notes that it appears from the declaration of the defendant’s counsel that the plaintiff’s attorneys failed to comply with the meet-and-confer process required by Code of Civil Procedure section 430.41. Counsel are advised that if this occurs again, the court would be inclined to issue an order to show cause against them for monetary sanctions.
The defendant shall give notice.
Hearing Date
September 09, 2021
For full print and download access, please subscribe at https://www.trellis.law/.
The demurrer of defendant Dwight J. Griffith to the complaint is SUSTAINED with 10 days leave for the reasons stated in the demurrer. Any amended complaint would need to address why a condominium owner would have a duty to warn an invitee of an alleged dangerous condition of association property, here the stairs.
The court further notes that it appears from the declaration of the defendant’s counsel that the plaintiff’s attorneys failed to comply with the meet-and-confer process required by Code of Civil Procedure section 430.41. Counsel are advised that if this occurs again, the court would be inclined to issue an order to show cause against them for monetary sanctions.
The defendant shall give notice.