Defendant City of West Hollywood’s Demurrer to the Complaint is OVERRULED. The Motion to Strike the complaint is DENIED. Defendant City of West Hollywood is ordered to file a response to Complaint within twenty (20) days of this order.

Demurrer

Defendant City of West Hollywood (“City”) contends that the complaint fails to provide a statutory basis for the negligence claim asserted against City. Plaintiff argues that the complaint sufficiently alleges that the statutory basis for Plaintiff’s claim is Government Code section 835.

City is a public entity. Government Code § 811.2 broadly defines the term public entity to include the state, the Regents of the University of California, the Trustees of the California State University and the California State University, a county, city, district, public authority, public agency, and any other political subdivision or public corporation in the State.

Under the Government Claims Act, a public entity is not liable for an injury except as othe