Porat's request for judicial notice is GRANTED.
Porat's demurrer to each cause of action in the Second Amended Complaint is OVERRULED.
A. Demurrer for Failure to State a Claim
First Cause of Action for Negligence: Plaintiff's negligence claims is based on two theories of liability: (1) Porat owned/controlled/managed the property; and (2) Porat employed Plaintiff. Assuming arguendo that Porat is correct that the grant deed shows he did not own the property at the time of the incident, for purposes of ruling on demurrer, the Court must accept these un-contradicted allegations of employment and control over/management of the property as true. (See Del E. Webb Corp. v. Structural Materials Co., supra, 123 Cal.App.3d, 604.) Plaintiff is not required to plead whether the contract is written, oral, or implied because this is not a contract claim, and therefore CCP section 430.10 subd. (g) is inapplicable. Likewise, Plaintiff is not required to plead the terms of the employment contract b