Womack vs. Metropolitan Transit System

Demurrer

Defendants San Diego Metropolitan Transit System and San Diego Trolley, Inc. bring this demurrer to Plaintiff Robert C. Womack's complaint.

In determining whether a complaint alleges facts sufficient to state a cause of action, the Court treats the demurrer as admitting all material facts properly pleaded, but not contentions, deductions, or conclusions of fact or law. Blank v. Kirwan (1985) 39 Cal.3d 311, 318. The Court may also consider matters which may be judicially noticed. Ibid.

Defendants' request for judicial notice of court documents from the matters known as Robert C. Womack v. Metropolitan Transit System, et al., U.S. District Court Case No. 09cv2679 BTM(NLS), Robert C. Womack v. San Diego Metropolitan Transit Development Board, et al., U.S. District Court Case No. 14cv1929 WQH(DHB); and Robert C. Womack v. Metropolitan Transit System, et al., U.S. District Court Case No. 15cv2128WQH(DHB) is granted.

Res ........