Demurrer to the Complaint by Defendants, Enterprise Holdings, Inc. and Enterprise Rent-A-Car, filed on 10/28/16, is OVERRULED. Defendants are ordered to answer within 10 days.
Defendants have not established that the complaint is preempted by the Graves Amendment. The Graves Amendment precludes vicarious liability against the owner of a motor vehicle if the owner is in the trade or business of renting, the owner rented the vehicle to a person, the harm arises out of the use, operation, or possession of the vehicle during the rental period and the owner is not independently negligent or engaged in criminal wrongdoing. 49 USCS § 30106.
A demurrer reaches defects that appear on the face of the complaint and based on matters that are subject to judicial notice. All facts are accepted as true. Saunders v. Superior Court (1994) 27 Cal. App. 4th 832, 838.
The court cannot take judicial notice of the fact that Enterprise Rent-A-Car is in the business of renting cars. Defendants rely on the
Hearing Date
January 17, 2017
Type
Motor Vehicle - PI/PD/WD (General Jurisdiction)
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Demurrer to the Complaint by Defendants, Enterprise Holdings, Inc. and Enterprise Rent-A-Car, filed on 10/28/16, is OVERRULED. Defendants are ordered to answer within 10 days.
Defendants have not established that the complaint is preempted by the Graves Amendment. The Graves Amendment precludes vicarious liability against the owner of a motor vehicle if the owner is in the trade or business of renting, the owner rented the vehicle to a person, the harm arises out of the use, operation, or possession of the vehicle during the rental period and the owner is not independently negligent or engaged in criminal wrongdoing. 49 USCS § 30106.
A demurrer reaches defects that appear on the face of the complaint and based on matters that are subject to judicial notice. All facts are accepted as true. Saunders v. Superior Court (1994) 27 Cal. App. 4th 832, 838.
The court cannot take judicial notice of the fact that Enterprise Rent-A-Car is in the business of renting cars. Defendants rely on the