Motion for Judgment on the Pleadings
The court considered the moving, opposition, and reply papers.
BACKGROUND
On April 21, 2017, plaintiff Sheila Parker filed a complaint against defendants City of Los Angeles, City of Los Angeles Department of Recreation and Parks, Tarzana Park, Tarzana Recreational Center, Balboa Sports Center, and Property Owners of Property Located at 5655 Vanalden Ave. for premises liability based on a trip and fall on broken pavement in a park on April 23, 2015.
On September 24, 2018, trial was continued from October 22, 2018 to February 21, 2019.
LEGAL STANDARD
CCP § 438 states, in relevant part: “(b)(1) A party may move for judgment on the pleadings. . . . (c)(1) The motion provided for in this section may only be made on one of the
following grounds: . . . . (B) If the moving party is a defendant, that either of the following conditions exist: . . . . (ii) The complaint does not state facts sufficient to constitute a cause of action against that defend
Hearing Date
October 30, 2018
Type
Premises Liability (e.g.slip & fall) (General Jurisdiction)
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Motion for Judgment on the Pleadings
The court considered the moving, opposition, and reply papers.
BACKGROUND
On April 21, 2017, plaintiff Sheila Parker filed a complaint against defendants City of Los Angeles, City of Los Angeles Department of Recreation and Parks, Tarzana Park, Tarzana Recreational Center, Balboa Sports Center, and Property Owners of Property Located at 5655 Vanalden Ave. for premises liability based on a trip and fall on broken pavement in a park on April 23, 2015.
On September 24, 2018, trial was continued from October 22, 2018 to February 21, 2019.
LEGAL STANDARD
CCP § 438 states, in relevant part: “(b)(1) A party may move for judgment on the pleadings. . . . (c)(1) The motion provided for in this section may only be made on one of the
following grounds: . . . . (B) If the moving party is a defendant, that either of the following conditions exist: . . . . (ii) The complaint does not state facts sufficient to constitute a cause of action against that defend