McCarthy vs Rogers JR

Case No.: 37-2020-00024574-CU-PO-NC    

The Demurrer brought by defendant John Rogers, Jr. (Defendant) is OVERRULED. The Motion to Strike brought by Defendant is GRANTED without leave to amend. Defendant shall have 10 days leave to answer or otherwise plead.

Merits of Demurrer

This case involves a single cause of action for negligence. The underlying facts alleged are that plaintiff Kevin McCarthy (Plaintiff) took a dive into a swimming pool and injured his head because the area into which he dove was the shallow end, but was unmarked as such. Defendant demurs on grounds that Plaintiff fails to state a claim and that his allegations are uncertain. Code Civ. Proc. § 430.10(e) and (f). Defendant's demurrer raises significant argument about California Building Code standards. Defendant further argues that the pool in question was located in a residence, and thus not subject to the Building Codes. The Court concludes that this issue concerning applicability of building codes is not particularly ........