Jaime Subialdea vs Duran Freight Corp

TENTATIVE RULING

State of California, Department of Transportation's ("State") demurrer to plaintiffs' first amended complaint ("FAC") is SUSTAINED with 20 days leave to amend.

Preliminary Matters

In light of the preference to determine matters on their merits when appropriate, the Court exercises its discretion to consider plaintiffs' late-filed opposition.

Background

The State demurs to the first cause of action – dangerous condition of public property/wrongful death - on grounds the FAC fails to state facts to constitute a cause of action under Government Code section 835. The State asserts the demurrer must be sustained because plaintiffs fail to indicate what real dangerous condition occurred at the intersection or how the condition created a hazard that caused the injury. ROA # 133 at pp.5-6. The State also asserts plaintiffs reference a number of additional theories but no alleged facts in support of the........