The special and general Demurrer (ROA # 27) of Defendant City of San Diego ("Defendant" or "City") to the Complaint of Plaintiff Cassidy Christensen ("Plaintiff"), is OVERRULED IN PART and SUSTAINED IN PART.
The special Demurrer is OVERRULED. The asserted causes of action are not fatally ambiguous or unintelligible. Code Civ. Proc. 430.10(f).
The general Demurrer is SUSTAINED as to the causes of action 1 and 2, and is OVERRULED as to cause of action 3.
Plaintiff is permitted leave to file and serve a First Amended Complaint within twenty (20) days of this hearing.
Plaintiff's Request (ROA # 34) for judicial notice is GRANTED IN PART and DENIED IN PART. The Court takes judicial notice only of the date on which the Complaint was filed with the Court; otherwise, the Request is DENIED.
Regarding the general Demurrer to causes of action 1 and 2, Government Code section 815 generally abolishes common law forms of liability for public entities. Public entities may be held liable only if
Hearing Date
November 03, 2020
Category
Civil - Unlimited
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The special and general Demurrer (ROA # 27) of Defendant City of San Diego ("Defendant" or "City") to the Complaint of Plaintiff Cassidy Christensen ("Plaintiff"), is OVERRULED IN PART and SUSTAINED IN PART.
The special Demurrer is OVERRULED. The asserted causes of action are not fatally ambiguous or unintelligible. Code Civ. Proc. 430.10(f).
The general Demurrer is SUSTAINED as to the causes of action 1 and 2, and is OVERRULED as to cause of action 3.
Plaintiff is permitted leave to file and serve a First Amended Complaint within twenty (20) days of this hearing.
Plaintiff's Request (ROA # 34) for judicial notice is GRANTED IN PART and DENIED IN PART. The Court takes judicial notice only of the date on which the Complaint was filed with the Court; otherwise, the Request is DENIED.
Regarding the general Demurrer to causes of action 1 and 2, Government Code section 815 generally abolishes common law forms of liability for public entities. Public entities may be held liable only if